How To Assert Your Rights In A Hospital!

Hospitals

New York’s Patient Bill of Rights is contained in the Public Health Law section 2803(1)(g), and 10 N.Y.C.R.R. sections 405.7, 405.7(a)(1). and 405.7(c). Every hospital in New York is required to give a written copy of the Patients’ Bill of Rights to each patient at or prior to the time of the admission to the hospital. Unfortunately, this is almost never done.

New York’s Patient Bill of Rights states that: “As a patient in a hospital in New York State, you have the right, consistent with law, to”, among other things:

  • Be informed of the name and position of the doctor
    who will be in charge of your care in the hospital. (#5
    of the Patient’s Bill of Rights)
  • Know the names, positions, and functions of any
    hospital staff involved in your care and refuse their
    treatment, examination, or observation. (#6 of the
    Patients’ Bill of Rights)
  • Participate in all decisions about your treatment and
    discharge from the hospital. The hospital must
    provide you with a written discharge plan and written
    description of how you can appeal your discharge.
    (#14 of the Patients’ Bill of Rights)
  • Review your medical record without charge. Obtain
    a copy of your medical record for which the hospital
    can charge a reasonable fee. You cannot be denied
    a copy solely because you cannot afford to pay.
    (#15 of the Patients’ Bill of Rights)
  • Complain without fear of reprisals about the care
    and services you are receiving and to have the
    hospital respond to you and if you request it, a
    written response. If you are not satisfied with the
    hospital’s response, you can complain to the New
    York State Health Department. The hospital must
    provide you with the State Hospital Department
    telephone number. (# 17 of the Patients’ Bill of
    Rights)

You have the right to know about your medical condition. You must talk to your doctor about your health care questions.

You have the right to be fully informed about decisions affecting your care. SPEAK UP, PLEASE.

You have the right to designate a representative to act on your behalf.

You have the right to receive all of the hospital care you need for the treatment of your illness or injury.

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