Your Rights as a Medical Patient

When you suffer an injury or illness, you have to put yourself in the hands of your medical providers, trusting that they will perform at their best and meet the medical community’s accepted standard of care. Although this can leave you feeling powerless, it’s important to understand that, as a medical patient, you have certain rights.

Knowing your rights and obligations while undergoing medical care helps put much of the power back in your hands. If your rights as a patient were violated and harmed or caused you injury, contact our medical malpractice attorney in Chicago today for a free consultation.

Understanding Patient Rights In Illinois

Illinois protects patient rights under the Public Health Medical Patient Rights Act (410 ILCS 50/), which not only establishes rights for patients in the healthcare system but also requires patients to be honest and forthcoming with their physicians. This is your obligation as a patient, and it helps ensure that you receive appropriate treatment.

Once a doctor/patient relationship is in place, a patient has the following legal rights:

• You have the right to receive medical care that’s free from discrimination and meets the medical community’s accepted standard of care. You have the right to contact your physician and expect a prompt response.
• You have the right to ask questions and become well-informed about the qualifications of the physician and the medical team handling your care
• You have the right to access information about your condition and the proposed treatment, and to make decisions regarding your care.
• You have the right to refuse medical treatment to the extent permitted by law if you have decision-making capacity.
• You have the right to be treated with respect for your human dignity and individuality, and to be free from abuse and neglect during medical treatment and care.
• You are guaranteed the right to privacy and confidentiality under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
• You have the right to obtain a second opinion about your medical care and treatment.
• You have the right to give informed consent before receiving medical treatment.
• You have the right to access and obtain copies of your medical records.
• You may receive emergency care when needed.
• You have the right to expect consistency and continuity of care.
• You have the right to complete an advanced directive.

Importantly, patients in Illinois also have the right to be fully informed about their billing for medical treatment, including the right to an itemized bill upon request. Patients receiving care in a hospital or healthcare facility have the right to visitors during scheduled visiting hours.

The Right to Informed Consent In Medical Research

In Illinois, patients who agree to participate in medical research or experimental treatments have the right to be fully informed about all potential benefits, side effects, and drawbacks before giving consent.

What If a Medical Provider Violates My Patient Rights?

If a medical provider or facility violates your patient’s rights in Illinois, you have the right to file a complaint with the Illinois Attorney General’s office. Complaints of violations, such as a violation of the right to transparent billing or medical privacy, may result in fines. A serious violation of your rights may have adverse impacts on your health and finances. In these cases, you may have the right to compensation for your damages.

How Can a Chicago Medical Malpractice Lawyer Help My Case?

Above all else, while you’re in the hands of a doctor or medical facility, you have the right to expect the provider to uphold their legal duty of care to treat you at the medical community’s accepted care standard. Part of the accepted care standard is to uphold your patient’s rights.

When a provider violates this duty of care and causes injury, you have the right to file a medical malpractice claim to recover your damages and a sense of justice for the violation you experienced. Call or contact Smith LaCien LLP online to learn more about options for financial accountability.