Published by at April 13, 2022 19 Patient Rights and Responsibilities © Ocskay Bence/Shutterstock It’s Your Gavel… A MOTHER’S RIGHT: A CHILD’S DEATH Harrell, a Jehovah’s Witness, was 6 months pregnant when physicians discovered a life-threatening blood condition that could deteriorate and place both her life and the life of the fetus in jeopardy. Because of religious beliefs, Harrell objected to a blood transfusion. After an emergency hearing, the court ruled that a blood transfusion could be given to Harrell if it was necessary to save the life of the fetus and that after the child was born, a blood transfusion could be given to the child if necessary to save the child’s life. The Harrells appealed. The child was delivered by cesarean section and died 2 days later. No blood transfusion was given to Harrell or to the child. As a result, the hospital and the state claimed that the appeal of the trial court’s order is moot. Because of the hospital’s misunderstanding about its standing to bring such proceedings, the Florida District Court of Appeals addressed the issue as capable of repetition yet evading review. The Florida Constitution guarantees that a competent person has the constitutional right to choose or refuse medical treatment. In cases where these rights are litigated, a party generally seeks to invoke the power of the state, through the exercise of the court’s judicial power, either to enforce the patient’s rights or to prevent the patient from exercising those rights. The state has a duty to ensure that a person’s wishes regarding medical treatment are respected. Harrell argued that the hospital should not have intervened in her private decision to refuse a blood transfusion. She claimed that the state never had been a party in this action and had not asserted any interest and that the hospital had no authority to assume the state’s responsibilities. WHAT IS YOUR VERDICT? Learning Objectives The reader, upon completion of this chapter, will be able to: • Discuss the importance of understanding patient rights. • Discuss the importance of understanding patient responsibilities. • Understand how rights and responsibilities go hand in hand. This chapter provides a brief overview of both the rights and responsibilities of patients. Every person possesses certain rights guaranteed by the Constitution of the United States and its amendments, including the freedoms of speech, religion, and association, and the right not to be discriminated against on the grounds of race, creed, color, or national origin. The Supreme Court has interpreted the Constitution as also guaranteeing certain other rights, such as the right to privacy and self-determination, and the right to accept or reject medical treatment. With rights come responsibilities. The patient, for example, has a right to receive emergency care, while at the same time also has a responsibility to let the caregiver know the limits of that care as noted in the opening case above where the patient objects to the administration of blood. 19.1 PATIENT RIGHTS Patient rights may be classified as either legal—those emanating from law—or human statements of desirable ethical principles such as the right to be treated with dignity and respect. The rights of patients discussed here do not exist in a vacuum without limitations—they are tethered to moral obligations and responsibilities that have their roots in the law, ethics, moral principles, and religious values. To kill another human being, for example, is wrong and punishment will follow if the life of another is taken. Patients have a right to receive a clear explanation of tests, diagnoses, prescribed medications, prognosis, and treatment options. Most federal, state, and local programs (e.g., Medicare, Medicaid) specifically require, as a condition for receiving funds under such programs, an affirmative statement on the part of the organization that it will not discriminate. Admission It is well established by both federal and state law, as well common law, that patients have a right to receive emergency care and inpatient admission if such is required for the health and safety of the patient. Healthcare providers receiving funds from programs such as Medicare and Medicaid are expected to have an affirmative statement that provides it will not discriminate against patients on the basis of age, race, creed, color, or national origin. Patients also have a right to have their care needs responded to within a reasonable time frame; delays in responding to a patient’s needs can put a patient’s life at risk, and put the organization at legal risk for injuries the patient suffers as a result of the delay. Whether a person is entitled to admission to a particular governmental facility depends on the statute establishing that organization. Governmental hospitals, for example, are, by definition, creatures of some unit of government; their primary concern is service to the population within the jurisdiction of that unit. Military hospitals, for example, have been established to care for those persons who are active members of the military. Although persons who are not within the statutory classes have no right of admission, hospitals and their employees owe a duty to extend reasonable care to those who present themselves for assistance and are in need of immediate attention. With respect to such persons, governmental hospitals are subject to the same rules that apply to private hospitals. For example, the patient in Stoick v. Caro Community Hospital brought a medical malpractice action against a government physician in which she alleged that the physician determined that she was having a stroke and required hospitalization but that he refused to hospitalize her. The plaintiff’s daughter-in-law called the defendant, Caro Family Physicians, P.C., where the patient had a 1:30 PM appointment. She was told to take the patient to the hospital. On arriving at the hospital, there was no physician available to see the patient, and a nurse directed her to Dr. Loo’s clinic in the hospital. On examination, Loo found right-sided facial paralysis, weakness, dizziness, and an inability to talk. He told the patient that she was having a stroke and that immediate hospitalization was necessary. Loo refused to admit her because of a hospital policy that only the patient’s family physician or treating physician could admit her. The plaintiff went to see her physician, Dr. Quines, who instructed her to go to the hospital immediately. He did not accompany her to the hospital. At the hospital, she waited approximately 1 hour before another physician from the Caro Family Physicians arrived and admitted her. Loo claimed that he did not diagnose the patient as having a stroke and that there was no bad faith on his part. The circuit court granted the physician’s motion for summary judgment on the grounds of governmental immunity. The court of appeals reversed, holding that the plaintiff did plead sufficient facts constituting bad faith on the part of Loo. His failure to admit or otherwise treat the patient is a ministerial act for which governmental immunity does not apply and may be found by a jury to be negligence. Examination and Treatment Patients have a right to expect their physician will conduct an appropriate history and physical examination based on the patient’s presenting complaints. The assessment is the process by which a physician investigates the patient’s state of health, looking for signs of trauma and disease. It sets the stage for accurately diagnosing the patient’s medical problems, which leads to an agreed-upon treatment plan. A cursory assessment can lead to a misdiagnosis and inappropriate treatment plan. As reported by Karen Asp in Shape Magazine, “Is Your Dr. Missing the Mark?: “It took almost my whole life to get the right diagnosis because no one person had asked me enough questions.” […]