20 Health Law Questions Every Patient Should Know

Patient Rights and Privacy

What are my basic rights as a patient?

Patients have rights to informed consent, confidentiality, quality care, and the right to refuse treatment.

What is informed consent?

Informed consent means you should be given enough information about a procedure that is being proposed for you, including risks and alternatives, so you may make a proper judgment.

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Yes, this is like informed consent.

What is the Health Insurance Portability and Accountability Act (HIPAA)?

HIPAA safeguards your right to privacy regarding your medical information, and it entitles you to your medical record.

May my medical information be disclosed without my permission?

Yes, under certain conditions. These conditions may include the response to public health emergencies or to comply with laws.

What shall I do in case of medical privacy breach?

File a complaint with your provider or with HHS.

What is EMTALA?

EMTALA requires hospitals to provide emergency medical care regardless of your ability to pay.

Am I entitled to a second opinion?

Yes. You have the right to receive a second opinion regarding your diagnosis or treatment recommendation.

Can my doctor refuse to treat me?

Yes, except in the case of an emergency, if based on discrimination, or if the doctor has a contractual obligation.

What are my rights if I am uninsured?

You can obtain emergency care under EMTALA and may be eligible for charity care programs or sliding-scale fees.

Do I have a right to access my medical records?

Yes, HIPAA provides you with the right to request and obtain your health records within 30 days.

Medical Malpractice and Quality of Care

What is medical malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care, causing harm to a patient.

What do I do if I suspect medical malpractice?

Seek an attorney experienced in health law and collect all relevant medical records and documentation.

Can I sue a hospital for a doctor’s mistake?

Yes, hospitals can be held liable for the actions of their employees in some cases.

What are my rights if I receive substandard care?

You can file a complaint with the medical board or sue for negligence.

What is patient abandonment?

When a healthcare provider terminates a patient relationship without reasonable notice or a referral, especially during ongoing treatment.

Billing and Insurance

Can I dispute a medical bill?

Yes, you may request an itemized bill, verify charges, and file a dispute with the provider or your insurance company.

What is balance billing, and is it legal?

Balance billing happens when a provider bills you for the difference between their charges and what your insurance covers. It’s illegal in most cases under the No Surprises Act.

What are my rights under the Affordable Care Act (ACA)?

The ACA prohibits discrimination based on pre-existing conditions, requires essential health benefits, and allows you to appeal insurance denials.

What should I do if my insurance denies a claim?

File an appeal with your insurance provider and request an explanation of benefits (EOB).

What is financial assistance for medical care?

Hospitals and clinics often provide programs for patients who cannot afford care, including payment plans and charity care.

Such questions would address fundamental legal issues concerning health, enabling the patients to voice their rights and also understand what constitutes health law.

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