By knowing your medical rights, you can help avoid many of the errors, mistakes, and risks too often associated with medical care. Studies show that close to 10 percent of all consumers admitted to hospitals acquire an infection they did not have before admission, and up to 80,000 people die each year as a result. It’s estimated that nearly 90,000 people die each year as a result of hospital negligence. And close to 40 percent of all people in American hospitals are there as a result of something a doctor did to them. According to some experts, health care is the fourth leading cause of death in the United States, not far behind heart disease, cancer, and stroke.

No matter what the medical setting, you have the right to say ”no” to a test, treatment, or procedure; discharge yourself from a hospital even if your doctor or other hospital personnel think it’s wrong; and change your doctor or get a second opinion in a hospital, even if you’re in the middle of treatment. If you’re not satisfied with a health maintenance organization’s (HMO’s) decision regarding care, you have the right to appeal. And if your insurance company denies a claim, you can challenge that decision not just within the plan itself, but with your state insurance department.

While we certainly do not have the room to list all your medical rights in this book, we do think you should be aware of some important issues related to your rights, starting with the most fundamental one of all.

Informed consent. Before undergoing any medical test, surgical procedure, or other treatment, you are entitled to be informed about it in detail. Your health care provider must explain—preferably in writing—the following:

• • What your condition is
• • The test, procedure, or treatment being recommended
• • Exactly what is involved in the test, procedure, or treatment
• • The expected benefits of the treatment
• • The risks of the treatment
• • How likely the treatment is to succeed
• • Alternative treatment options (and the risks associated with them), including the option of no treatment at all

Advocates to work on your behalf. It’s very difficult to exercise your medical rights if you’re sick. Usually a family member or a trusted friend, your advocate will intervene with your health care providers when something is wrong or will ask the questions you are unable (or afraid) to ask. It is your legal right to have a family member or friend (anyone you designate) with you in the doctor’s examining room and at your bedside in the hospital 24 hours a day. The only restriction is that your advocate cannot interfere with a medical professional’s ability to deliver medical care.

If you need further help while in the hospital, find out if the facility has a patient representative. This person helps patients with difficult problems that haven’t been solved through the usual channels. Patient representatives intervene with hospital management to get problems resolved.

Your health care provider as advocate. You have the right to expect your physician or other health professional to be your advocate when dealing with health insurance claim denials or other disputes you may be having within the system. If you’re having trouble getting an appointment with a specialist, ask (and expect) your primary care doctor to intervene. See the appendix for a list of resources that provide information about health care rights.