20 Health Law Questions and Their Relevance to Patients

1–5: Patient Rights

What are patient rights?

Patient rights include informed consent, confidentiality, access to records, and the right to refuse treatment. These rights ensure dignity, privacy, and autonomy in healthcare decisions.

Can patients refuse medical treatment?

Answer: Yes, competent adults can refuse treatment, even life-saving care, under the principle of informed consent.

What is informed consent?

Answer: Patients must receive clear information about a procedure, risks, benefits, and alternatives before agreeing to treatment.

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Do patients have the right to a second opinion?

Answer: Yes, patients can get a second opinion and should not be penalized or receive reduced care for seeking one.

Can minors make their own medical decisions?

Answer: Generally, parents make decisions for minors, but there are exceptions for emancipated minors or specific cases such as reproductive health.

6–10: Privacy and Confidentiality

What is HIPAA, and how does it protect patients?

Answer: The Health Insurance Portability and Accountability Act protects medical records and personal health information.

Can a doctor share my health information without my permission?

Answer: Only in specific circumstances, including emergencies, public health reporting, or to authorized parties such as insurers.

What happens if my medical records are breached?

Answer: Providers are required to notify patients and report breaches to authorities under HIPAA rules.

Can patients access their medical records?

Answer: Yes, under HIPAA, patients have the right to view and obtain copies of their medical records.

Can a health care provider deny access to my medical records?

Answer: Only in rare circumstances, such as when access may endanger the patient or others, but denials must be justified.

11–15: Insurance and Billing

What is balance billing, and is it legal?

Answer: Balance billing happens when providers charge patients the difference between what insurance pays and the full cost. Its legality depends on state laws and insurance contracts.

What should a patient do if he or she gets a surprise medical bill?

Answer: Patients can dispute surprise bills and may be protected by federal or state laws, such as the No Surprises Act in the U.S.

Can a hospital refuse to treat me if I cannot pay?

Answer: No, under the Emergency Medical Treatment and Labor Act (EMTALA), hospitals must provide emergency care regardless of payment ability.

What are patients’ rights under Medicaid and Medicare?

Answer: Patients have rights to accessible care, appeal denied services, and protection from discrimination.

How can I dispute a denied insurance claim?

Answer: Patients can file an appeal with their insurer and, if unresolved, escalate the matter to state regulators or external review boards.

16–20: Medical Malpractice and Litigation

What is medical malpractice?

Definition: Malpractice is when the negligence of a healthcare provider leads to harm. Examples include misdiagnosis, surgical errors, or failure to treat.

How do patients pursue a malpractice claim?

Answer: Patients must seek a medical malpractice attorney to review their case and apply the proper procedures for filing under state law.

Can patients recover for emotional distress in healthcare environments?

Answer: Yes, where distress is the result of negligence or intentional wrongdoing.

What is an advance directive, and why is it important?

Answer: It’s a legal document specifying a patient’s healthcare preferences if they cannot communicate, ensuring their wishes are respected.

Do patients have the right to switch providers?

Answer: Yes, patients can change providers at any time, though insurance restrictions or ongoing treatment plans may apply.

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