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Patient Rights
Reviewed by Medicinsk Expert•Last updated: 2026-10-22•Personal Health Issues

Patient Rights

As a patient, you are entitled to specific rights regarding your medical care, privacy, and informed decision-making, with various resources available to help protect these rights.

What are patient rights?

As a patient, you have certain rights. Some are guaranteed by federal law, such as the right to get a copy of your medical records and the right to keep them private and secure. Many states have additional laws protecting patients. And some states, insurance plans, medical organizations, and health care facilities have their own patient bill of rights.

Some other examples of patient rights include:

  • Being treated with respect
  • Not being discriminated against in your medical care
  • The right to refuse treatment
  • The right of informed consent

What is informed consent?

Informed consent is an important patient right. It is a process in which your health care provider gives you the information you need to make decisions about your care. The types of care could be treatments, procedures, genetic testing, or clinical trials. The information should include the risks and benefits of the care, as well as details about your medical condition.

It's important that you understand everything before you give consent. Sometimes your provider will ask you to sign a form to give your consent. This is called written consent. You have the right to change your mind about consent at any time.

Where can I get help with patient rights?

There are different resources that can help you if you have a problem with your patient rights:

  • Many hospitals have patient advocates. These are people who can help guide you through the health care system and make sure that your rights are protected.
  • Your state may have resources to help you, such as:
    • Your state may have an office (called an ombudsmen office) for problems with long term care.
    • Your state's department of health may be able to help.
    • States also have oversight agencies for insurance companies and various types of health care facilities and providers. These agencies make sure that these organizations and providers follow the rules so you can get quality care.
  • The U.S. Department of Health and Human Services has an Office for Civil Rights (OCR). You can file a complaint with them if you feel you have been discriminated against in your medical care or if you think your health information privacy rights have been violated.

Frequently Asked Questions

You have a federal right under HIPAA to access your own medical records. If a hospital refuses, first request the denial in writing to understand their specific legal justification, as they may claim the records are part of a pending legal proceeding or contain psychotherapy notes. If the denial seems unjustified, you can file a formal complaint with the hospital's privacy officer or the Office for Civil Rights (OCR) at the Department of Health and Human Services. You also have the right to request an amendment to your records if you believe they are inaccurate, and the provider must respond to that request within a specific timeframe.
In true emergencies where you are unconscious or unable to communicate, and delaying treatment would cause serious harm or death, providers are generally permitted to proceed with necessary life-saving treatment without explicit consent. This is known as the doctrine of implied consent. However, if you have previously documented your wishes in an advance directive, living will, or through a designated healthcare proxy, providers are legally required to follow those instructions if they are available and applicable to the situation. If no prior documentation exists, providers will act in what they believe is your best interest to preserve life and health.
hospital patient advocate is typically an employee of the healthcare facility whose role is to help you navigate the system, resolve complaints, and ensure your rights are respected within that specific institution. They are free to use and focus on internal resolution. A patient rights attorney, on the other hand, is a legal professional who represents you in external legal matters, such as filing a malpractice lawsuit or a formal complaint with government agencies. You would typically consult an attorney if internal advocacy fails to resolve a serious issue, if you have suffered significant harm, or if you need legal representation for complex regulatory or litigation matters.
Yes, you have the absolute right to refuse any medical treatment, procedure, or surgery, even if your provider strongly recommends it. To exercise this right, you must be mentally competent and have received adequate information about the risks of refusing care. If you refuse, your provider will typically ask you to sign a "refusal of treatment" or "against medical advice" (AMA) form. This document protects the provider from liability and documents that you made an informed decision. Note that refusing life-saving care may result in serious health consequences or death, and the provider is not required to provide non-essential care after a refusal.
Source: MedlinePlus, National Library of Medicine

MedlinePlus brings together authoritative health information from the National Library of Medicine (NLM), the National Institutes of Health (NIH), and other government agencies and health-related organizations.

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