The Patient's Bill of Rights
You are protected by a Patient's Bill of Rights.
Let’s break down the Patient’s Bill of Rights and how to refuse any medical intervention or treatment.
The most important thing to understand is that your medical rights are protected by law. You have the right of no consent to any medical treatment, procedure, or intervention that you don’t want.
The Patient’s Bill of Rights serves as an implied contract. A contract is what establishes each party’s responsibility.
When I go to the grocery store, for instance, there is an implied agreement that the owner would provide me food in exchange for my money. That contract doesn't have to be written each time. So when you enter a relationship with your doctor or a medical provider, you have what is called a “doctor patient relationship” and the Patient’s Bill of Rights is what protects you as a patient.
Click here to view the American Patient’s Bill of Rights.
If you live in California, click here to view the CA Patient’s Bill of Rights.
Important key points from the Patient’s Bill of Rights
Point (1) The Patient has the right to considerate and respectful care
Point (3) … “The patient is entitled to the opportunity to discuss and request information related to the specific procedures and/or treatments, the risks involved, the possible length of recuperation, and the medically reasonable alternatives and their accompanying risks and benefits.
Point (6) “The patient has the right to… refuse a recommended treatment or plan of care to the extent permitted by law and hospital policy and to be informed of the medical consequences of this action. In case of such refusal, the patient is entitled to other appropriate care and services that the hospital provides.”
Point (13) “The patient has the right to consent to or decline to participate in proposed research studies or human experimentation affecting care and treatment or requiring direct patient involvement and to have those studies fully explained prior to consent. A patient who declines to participate in research or experimentation is entitled to the most effective care that the hospital can otherwise provide.”
How to refuse medical intervention:
Demand to speak to the highest authority (The charge nurse or head doctor)
Tell them that you are invoking your right of no consent to a medical experiment or intervention
Ask them to read you the Patient’s Bill of Rights
You have the right to refuse any medical treatment (experiment or otherwise) and you may not be denied other treatment.
If they try to refuse you:
Get in writing: (a) confirmation they are denying you medical care in this facility (b) the names of all the people who are refusing you medical care (c ) the signature of the highest authority
That typically turns things around pretty quickly…
Filing Complaints:
File a grievance with the insurance company and your state agency that licenses insurance companies (if applicable)
File a formal discrimination complaint with your state civil rights agency
File formal claim against the doctor with the medical license board of your state (because the doctor is in violation of their oath to do no harm)
If you are in a hospital:
You can file a formal grievance with the hospital grievance department
File a complaint with your state board that licenses hospitals
Top Recommendation:
Do your best to plan ahead. Contact all the urgent care centers and hospitals in your area to get those accommodations in writing in the unfortunate event that you wind up there.
In the emergency situation, it is illegal for medical care to be withheld from you.
Advanced planning is especially important for doctors offices. Call in advance and get those accommodations from the highest authority, not the receptionist at the front desk.
There is always another way! Keep going.