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Patient's Rights The hospital is committed to ensuring that the individual rights of all patients are respected during their hospital stay. Most importantly, all patients have the right to expect to be treated with dignity and respect. It is important for all health care providers to be familiar with patients' rights under state law and hospital policy and observe them at all times. Patients afforded these basic considerations are usually more satisfied with their hospital experience, and from a risk management perspective, it makes them less likely to make a complaint, which could ultimately result in a claim or lawsuit. The hospital is obligated to provide appropriate assistance, including the use of an interpreter, to ensure that patients understand their rights. All individuals are entitled to receive emergency care and/or treatment without discrimination due to race, color, religion, sex, national origin, disability, sexual orientation, or source of payment. Patients are entitled to be informed of the identity and role of all physicians and support staff involved in their care, and have the right to refuse treatment or examination by them. Patients have the right to privacy while in the hospital and to expect all information and records regarding their care will be kept confidential. Patients must be given all the information they need to give informed consent regarding treatment and refusal of treatment. Under most circumstances patients are entitled to review, and should they so desire, obtain a copy of their medical records (after discharge if the record is a hospital record). A patient may refuse to take part in research and should be able, without fear of reprisals, to complain about the care and services they have received. Patients, or appropriate family members, should be informed about unexpected and/or negative outcomes promptly. This should include the nature and cause of the event, if known, as well as the manner in which the event will affect the patient's prognosis and treatment plan. Failing to disclose, or disclosing only partial information regarding such occurrences, is perhaps the most common cause of patient dissatisfaction. Often, this dissatisfaction results in malpractice claims and lawsuits. Regardless of how difficult it may be for patients, it is legally unwise to speculate on the cause of an untoward event. Patients should also be made aware that in order for the health care team to render good care, patients have certain responsibilities. The most important of these is to provide, to the best of their knowledge, accurate and complete information about their present complaints, past illnesses, hospitalizations, medications and other matters relating to their health. Patients are responsible both for following the treatment plan recommended by the members of the health care team, and for the consequences should they refuse treatment or not follow recommended instructions. While trying to treat all patients with dignity and respect, occasionally, the use of physical restraints must be employed to protect and avoid harm to the patient or those surrounding the patient. In almost all circumstances, prior to the use of restraints, the written order of a physician who has examined the patient must be obtained. In emergency situations, a registered nurse may order restraints but the physician must be contacted immediately. It is imperative that the patient's medical record be documented regarding the need for, use of, and termination of restraints. Hospital policies are in compliance with the JCAHO policies on restraints and will generally provide a sound procedural approach. Competent adult patients have the right to refuse treatment. Since this refusal may be subsequently disputed or denied by the patient, it is important that all health care providers document these occurrences in the patient's medical record. When a patient refuses treatment, it is important that his or her physician disclose the risks and consequences associated with the decision. The treatment being proposed and refused by the patient should be documented in the medical record, as well as the fact that the potential adverse consequences have been discussed with the patient (and when appropriate, family members). Similarly, adult patients may not be detained in the hospital should they wish to leave against medical advice, except under extreme circumstances prescribed by law. Again, the patient's medical record should be documented regarding his or her voluntary decision to be prematurely discharged, noting the potential adverse consequences that have been discussed and that the patient understands them. The record should also note that further care has been recommended, as well as where and when the patient intends to obtain this care. In addition, most hospitals require that the patient be asked to sign a form indicating he or she is being discharged against medical advice. The patient's refusal to sign this form, which often occurs, should be documented in the record.   The Patient Representative The hospital has a patient representative to serve as a liaison between the patient and his or her family, and the medical and administrative staff of the hospital. The patient representative acts as advocate, ombudsman and agent for the patient and enhances patient care by assuring the identification, investigation and amicable resolution of patient complaints and problems. In addition to resolving patient complaints, the patient representative can explain hospital policy and procedures for the patient and/or family and handle lost property claims. From a risk management perspective, the patient representative plays a critical role in preventing patient complaints which, without their early intervention, could evolve into malpractice claims and lawsuits against the hospital and/or health care providers. All health care providers are encouraged to contact the patient representative for assistance. Footnotes: A medical device is an instrument, apparatus, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part or accessory (e.g., catheters, infusion pumps, suture materials, syringes, defibrillators, pacemakers, hospital beds, patient restraints, wheelchairs, tampons, in vitro diagnostics, etc.). Permanent impairment of a body function or permanent damage to a body structure. Necessitates immediate medical or surgical intervention to preclude permanent impairment of a body function or permanent damage to a body structure. Note, however, that the physician-patient relationship generally cannot be terminated during a medical emergency, labor or any other acute event.