Contents Legal system Malpractice Avoiding malpractice Medical record Patients' rights Informed consent Consent in minors Exception to consent Limitation of therapy Self-Determ. Act 1990 AMA Bill of rights FAQs QUIZ

The Federal Patient Self-Determination Act of 1990 This act requires hospitals to develop policies and procedures that recognize a patient's rights, under state laws, to accept or refuse medical treatment. Specifically, it requires that adult patients be given written information about the state's policy regarding advance directives, living wills and durable powers of attorney. It also requires that the patient be asked if he or she has executed such a document, and educates the patient what each of the above documents are. Living will: A legal document which states a patient's wishes for withdrawing, limiting or refusing care if a patient becomes incompetent. Durable power of attorney: A legal document which outlines who should act as a patient's surrogate decision maker should that patient become incompetent. Advance directive: A generic term which refers to documents such as living will and durable power of attorney. AMA Patient Bill of Rights (American Hospital Association) The patient has the right to considerate and respectful care. The patient has the right to obtain from his physician complete current information concerning his diagnosis, treatment, and prognosis in terms that the patient can understand. When it is not medically advisable to give such information to the patient, the information should be made available to an appropriate person in his behalf. He has the right to know by name the physician responsible for coordinating his care. The patient has the right to receive from his physician information necessary to give informed consent prior to the start of any procedure and/or treatment. Except in emergencies, such information for informed consent should include but not necessarily be limited to the specific procedure and or treatment, the medically significant risks involved, and the probable duration of incapacitation. Where medically significant alternatives for care or treatment exist, or when the patient requests information concerning medical alternatives, the patient has a right to such information. The patient also has the right to know the names of the persons responsible for the procedures and/or treatment. The patient has the right to refuse treatment to the extent permitted by the law, and to be informed of the medical consequences of his action. The patient has the right to every consideration of his privacy concerning his own medical care program. Case discussion, consultation, examination, and treatment are confidential and should be conducted discreetly. Those not directly involved in his care must have the permission of the patient to be present.