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Your Medical Rights 
By Sharlene K. Johnson 
Extracted from March 2000 Ladies Home Journal 

Don’t wait until you become ill to get smart. Here’s what you must know to be an informed patient.  Let’s Test: 

You have the right to confidential treatment of your medical records. FALSE. While doctors may try to preserve confidentiality, there are no laws at the federal level saying they have to. 
You have the right to see your medical records in every state. FALSE. Not all fifty states allow you to look at your medical record, however most doctors may let you see it. 
You have the right to be treated in an emergency. TRUE.  A hospital emergency room cannot turn you away, even if you’re  uninsured and can’t pay the bill– they must at least stabilize you. 
You have the right to receive complete information before consenting to treatment. TRUE.  Known as “informed consent,” this means you doctor should tell you everything about your condition, including potential risks and any reasonable alternatives. 
You have the right to sue your HMO if a delayed or denied treatment causes harm. FALSE.  While you can sue for a benefit that’s been denied, you’ll never get more than the denied benefit cost, and judges often rule that the federal law takes precedence. In other words, HMO’s can make any sort of health-care decision for you and they have absolutely no liability. 
You have the right to refuse treatment, regardless of outcome. TRUE.  The Supreme Court has said that every competent individual has the right to refuse any type of medical treatment, even if it will hasten death. 
You have an absolute right to direct your child’s health care. FALSE. A court order can mandate treatment if a child’s life is endangered, regardless of parents’ wishes. 
You have the right to refuse an HIV test without consequence. FALSE.  Insurance companies can refuse to cover you if you don’t consent to an HIV test or if you test positive (but for the most part they can’t drop you if you already have coverage when diagnosed.) 
___________________________________ 
Be a Smart Patient: 
Get Informed 
Communicate with your doctor 
Don’t go alone 
Seek another opinion 
Track your medical history 
Know your medications 

For more tips on how to be a smarter patient goto: www.npsf.org



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