To protect patients from medical malpractice, the state of California has instituted several laws to protect patient’s rights. These laws entitle a patient to be informed and involved in his treatment and to receive his treatment free of abuse. Below is an explanation of a few of the rights afforded to a patient in California.
The Right to Emergency Medical Care in California
California law states that any patient is entitled to emergency medical care in the facility where he presents himself. This right does not extend indefinitely, but ends once the patient is stabilized. However, a patient cannot be transferred to another hospital after being stabilized against his will.
Right of Access to Records and Confidentiality
In California a patient has the right to access to his medical records within five days of his request. A patient may also request that his medical records be kept private unless permission from his is obtained for their release. California law even goes so far to state that a patient has the right to sue the party responsible for an unauthorized release of his records.
Right to be Informed and Participate in Treatment
California law entitles a patient to be informed of his condition and potential treatment plans and to be involved in decisions regarding his treatment. However, California also entitles patients to receive second opinions from a different doctor and be referred to a specialist upon request. Additionally, a patient in California has the right to receive care from a single doctor without being forced to change to a different doctor in the middle of treatment.
Right to No Interference from Health Insurance
California patient right laws even go so far as to protect patients from interference from their private health insurance coverage. This means that a patient’s care is cannot be dictated by the insurance company; a patient can undergo any treatment for his condition that he requests without approval from his insurance company. Moreover, each insurance company must have an established appeals process of which all contracting parties are informed.
Right to Informed Consent
It is not enough for a patient in California to be informed of his condition and treatment options. A patient must also be provided with information about the benefits and drawbacks of treatments.
Getting Legal Help in California
If you received medical care in California and believe that your patient rights were violated seek legal advice. A lawyer will review the facts of your treatment and discuss the available legal remedies.
