Last updated on Apr 3, 2024

What do you do if a patient's rights are being violated?

When you or someone you care about is receiving medical care, the expectation is that the treatment will be respectful and within the bounds of the law. However, there are times when a patient's rights might be overlooked or violated. Knowing how to respond in such situations is crucial to ensure that dignity, respect, and legal standards are upheld in healthcare.

1 Recognize Rights

The first step is to be aware of the patient's rights. These rights include privacy, informed consent, and the right to receive or refuse treatment. They are designed to protect patients and ensure they have a say in their care. If you suspect that these rights are being violated, take note of the specifics: what right is being infringed upon, who is involved, and how the situation is unfolding. This information will be vital as you move forward.

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Shahrzad Shariatpanahi

Follow me for insights into biomedical engineering, and healthcare innovation. Unique blend of technical expertise, community building, and passion for patient safety sets me apart!
If I, a patient advocate, think that a patient's rights are being violated, I would certainly and immediately take action. However, as highlighted here, the first step is to be aware of the patient’s rights. Recognising patients' rights involves being aware of their entitlements to confidentiality, informed consent, quality care, privacy, and autonomy. As such, if I notice any breach, firstly I’ll report it to the appropriate authorities, such as a supervisor, ethics committee, or regulatory agency, to ensure the patient's rights are protected and respected.
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2 Gather Evidence

Once you've identified a potential rights violation, it's important to collect evidence. This might include medical records, witness statements, or a written account of events. Remember to maintain confidentiality and follow proper protocols when accessing sensitive information. The evidence you gather will be essential for making a case and advocating for the patient's rights.

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3 Speak Up

It's imperative to voice your concerns. Start by addressing the issue with the healthcare provider or staff member involved. Communication can often resolve misunderstandings or prompt corrective action. If the situation does not improve, escalate your concerns to a supervisor or the hospital's patient advocate. Your goal is to have the issue acknowledged and rectified promptly.

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Amanda Ledlow, BSN, RN

PeriOperative Informatics Specialist EPIC (POISE);OpTime Charge Reconciliation & Scheduling Coordinator: Surginet DBC; Informatics Specialist
If it’s your rights, and your supervisor who violated them, step carefully. You don’t have the same protections they do. Really. You don’t.
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4 Know the Law

Understanding the legal framework surrounding patient rights is key. This includes federal laws like the Health Insurance Portability and Accountability Act (HIPAA), which protects patient privacy. If you believe a violation has occurred, consulting with a legal professional or a patient advocacy group can provide guidance on the next steps and ensure that any action taken is within the bounds of the law.

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5 Seek Support

Dealing with patient rights issues can be challenging, so it's important to seek support from others. This could be from colleagues, advocacy organizations, or support groups. They can offer advice, share experiences, and provide emotional support. Additionally, they may be able to assist in navigating complex healthcare systems and legal processes.

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6 Take Action

If necessary, take formal action. This may involve filing a complaint with the healthcare facility's administration, a professional board, or a governmental agency that oversees healthcare operations. Ensure that your complaint is detailed, includes the evidence you've collected, and clearly states the resolution you seek. Formal complaints can lead to investigations and, ultimately, to changes that protect patient rights.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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What do you do if a patient's rights are being violated?

1

2

3

4

5

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1 Recognize Rights

2 Gather Evidence

3 Speak Up

4 Know the Law

5 Seek Support

6 Take Action

7 Here’s what else to consider

Patient Advocacy

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What do you do if a patient's rights are being violated?

1

2

3

4

5

6

7

1 Recognize Rights

2 Gather Evidence

3 Speak Up

4 Know the Law

5 Seek Support

6 Take Action

7 Here’s what else to consider

Patient Advocacy

Rate this article

Thanks for your feedback

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