New York health policy dictates that all medical patients must be advised of their rights in regard to medical treatment. In fact, laws in this state compel medical providers to inform you of these rights.
New York Public Health Law section 2803-c(3)lists the rights that medical providers must inform you of if you are under their care. This statement of your rights must be posted conspicuously in nursing homes and any facility that provides health services, as defined by law. Moreover, if you need help understanding your rights, the medical provider must assist in your understanding.
The statute enumerates the many rights that you must be afforded, but some of the more prominent rights are those that relate civil liberties. You also must be allowed to communicate privately with your family, attorney, and doctor in regard to your treatment options. Patients also have the right to adequate care and to present grievances about their care. You have the right to refuse medications and to be completely informed as to the aspects of your medical care. Patients should not be abused either mentally or physically. Additionally, all patients have a right to access their medical records. Be aware that this is just a sampling of the rights afforded to you under New York Law.
Should a health care facility fail to advise you of your rights, and you are thereby injured, New York Public Health Law section 2801-d declares that the health provider shall be liable for the patient’s injuries. The injuries for which this statute provides a remedy includes compensation for mental and physical harm, death of the patient, and financial losses. This list is not meant to be exclusive.
Section 2801 also defines which types of facilities must post a list of patient rights. All hospitals, clinics, dental or otherwise, rehabilitation centers, nursing homes, and even out-patient facilities, among other facilities are covered by the patient rights act.
In addition to having a cause of action based on violations of the above mentioned statutes, you may also have a cause of action based in negligence. An experienced medical malpractice attorney will prove that the medical provider owed you a duty of care. He/she will show that the medical professional breached his/her duty to you. A jury will hear how this breach was the proximate cause of your injuries. Lastly, the court will understand how your injuries caused your damages.
Damages may be compensatory and punitive. Compensatory damages will reimburse you for money lost to pay for medical care and lost by missing work. Pain and suffering is compensable as well. Punitive damages will punish the medical provider if your harm was especially egregious.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.