Informed Consent: A Patient's Right to Know

Your health care provider is responsible for providing enough information for you to make an informed decision about your treatment options. The information sharing process prior to making a treatment decision is called informed consent. Before performing any non-emergency procedure or treatment, your health care provider must have a signed consent form reflecting that:

you understand the nature of the treatment and the treatment process

you understand the possible benefits and risks

you give your permission to proceed with the treatment

 

Your health care provider is required to provide the following information to you about any treatment or procedure.

the treatment to be given, or procedure to be performed

the possible risks and benefits that are likely to occur

the reasons for giving the treatment or performing the procedure

the expected outcome with and without the treatment or procedure

the alternatives to receiving the treatment or having the procedure

It is important to read the consent form carefully. Ask questions about anything you do not understand. If you do not agree with something on the form, discuss the changes you wish to make with your health care provider. Keep in mind, you always have the right to refuse a treatment or procedure if you so desire.

The informed consent process is standard procedure in most hospitals, clinics, and doctors' offices. However, it may not be as routine in other environments. Although informed consent is your right as a patient, you and your health care providers share responsibility for making sure you are adequately informed. It is important to ask questions and learn what you can before you proceed with any form of treatment.

Patients' Bill of Rights and Responsibilities

President William Clinton established the Advisory Commission on Consumer Protection and Quality on the Health Care Industry in November 1997. As part of its work, the Commission issued the Patients' Bill of Rights and Responsibilities in 1998. The document has three goals:

to strengthen consumer confidence that the health care system is fair and responsive to consumer needs

to reaffirm the importance of a strong relationship between patients and their health care providers

to reaffirm the critical role consumers play in safeguarding their own health

While the Commissions' recommendations are not legally binding, they express the beliefs of some of the nation's leading health care experts and patient advocates. The Patients' Bill of Rights and Responsibilities outlines seven sets of rights and one set of responsibilities.

The Right to Information - Patients have the right to receive accurate, easily understood information to assist them in making informed decisions about their health plans, facilities, and [health care] professionals.

The Right to Choose - Patients have the right to a choice of health care providers that is sufficient to assure access to appropriate high-quality health care including … giving patients with serious medical conditions and chronic illnesses access to specialists.

Access to Emergency Services - Patients have the right to access emergency health services when and where the need arises.

Being a Full Partner in Health Care Decisions - Patients have the right to fully participate in all decisions related to their health care. Consumers who are unable to fully participate in treatment decisions have the right to be represented by parents, guardians, family members, or other conservators.

Care Without Discrimination - Patients have the right to considerate, respectful care from all members of the health care industry at all times and under all circumstances. Patients must not be discriminated against in the marketing or enrollment or in the provision of health care services, consistent with the benefits covered in their policy and/or as required by law, based on race, ethnicity, national origin, religion, sex, age, current or anticipated mental or physical disability, sexual orientation, genetic information, or source of payment.

The Right to Privacy - Patients have the right to communicate with health care providers in confidence and to have the confidentiality of their individually identifiable health care information protected. Patients also have the right to review and copy their own medical records and request amendments to their records.

The Right to Speedy Complaint Resolution - Patients have the right to a fair and efficient process for resolving differences with their health plans, health care providers, and the institutions that serve them, including a rigorous system of internal review and an independent system of external review.

Taking on New Responsibilities - In a health care system that affords patients rights and protections, patients must also take greater responsibility for maintaining good health.

In recent years, most states have passed legislation addressing specific aspects of patients' rights, especially with respect to members of health maintenance organizations. Several national patients' rights bills have been introduced. However to date, the bills have failed to pass both Houses of Congress. Many health care professional organizations and patient advocacy groups continue to push for a national Patients' Bill of Rights to establish minimum standards for all health care insurance plans.

Despite the absence of a national Patients' Bill of Rights, most hospitals and large clinics have already developed their own list of Patients' Rights. Clients are usually provided with a copy of an institution's list of Patients' Rights when they are receiving care at that facility. If you have not been given such a document, ask if one exists. These documents often provide helpful information about whom to contact during the course of your care if you have questions or concerns.