As a patient, you have the obligation to pay for the medical care you receive. In return, you have a number of rights as a patient that govern treatment medical in the United States. These rights become obligations that the physician must follow. If the physician has failed to respect your rights, you can file a complaint with the state agency responsible for licensing.
If the violation of your rights led to an injury, you might file a medical malpractice lawsuit against the doctor with the help of an experienced attorney. The right medical malpractice lawyer can assess how your rights were violated and advise whether there is a cause of action for seeking compensation.
Knowing your patient rights and identifying violations can be difficult, but the right West Virginia law firm can help.
Privacy
You have the right to privacy in numerous ways during a medical examination. First, you should not be undergoing the examination in a public area where you are exposed to other patients. The doctor should take care to ensure you are properly covered at all times unless it is necessary to actually examine you.
Your right to privacy also extends to your medical information. A federal law called the Health Insurance Portability and Accountability Act prohibits a healthcare provider from disclosing your private healthcare information. The doctor or their staff does not have to actually tell someone else about your condition to violate HIPAA. They can break the law when they talk about your sensitive information in a manner that other people can hear.
The Right to Information
As the patient, you have the right to know all information relevant to your health. The doctor should explain your diagnosis and the treatment they propose to provide. You must also be told about the potential alternative treatments and the basis for the doctor’s recommendations. This information should include the risks and benefits of all the possible treatments so you are as informed as possible. The doctor must take the time to answer all of your questions. The physician must communicate with you in a manner you can understand, preferably without heavy medical jargon.
Informed Consent
You should not be left alone to make important medical decisions that affect your health. Your doctor is legally obligated to seek your consent before undertaking any type of medical care. The doctor needs to provide full and clear information about the procedure and its purpose. Your consent needs to be voluntary after the doctor has explained the procedure to you and sought your permission.
The Right to Refuse Treatment
You have the right to decline the medical care and withdraw consent, even after you have already given it (although the doctor may be unable to stop care in the middle of certain procedures). You are the one who is in control of your own body and what the doctor may do. Although you cannot necessarily tell them how to treat you, it is possible to tell the physician when you do not want them to treat you, and they must respect your wishes. The doctor must explain the potential adverse consequences of refusing treatment before you make a final decision about what you want.
The Right to Competent Care
A doctor is obligated to provide you with competent care under West Virginia medical regulations. Not only is there an obligation under the law, but the doctor also owes you a common law duty of care. The doctor is not held to the standard of the preeminent expert in their field, but they must act reasonably. Further, a doctor must provide you with medical care in a manner that is free from abuse and discrimination.
The Right to File a Complaint
A West Virginia doctor is licensed by the state board, which regulates the profession. This board can review complaints filed against the doctor and potentially take action. You always have the right to file a complaint against the doctor for the board’s review.
What Happens if My Rights Are Violated?
These are just a partial list of your many rights as a patient. If the physician has violated your rights, you may have legal recourse. What you can do depends on what the physician has done wrong. You can certainly file a complaint with the West Virginia Board of Medicine. The Board may investigate, and the doctor can face disciplinary actions, including losing their license.
Many of these rights relate to how the doctor is supposed to provide care. Although they may not be grounds for a lawsuit on their own, violations might play a role in a claim for medical malpractice if you have been injured due to the doctor’s conduct.
If you have suffered any damages from the doctor’s wrongful actions, you can hold them accountable in a lawsuit. For example, if their substandard care caused physical injuries, you can file a medical malpractice lawsuit. If you can prove the doctor failed to act as a reasonable physician would have under the circumstances, and they caused your injury, you should receive financial compensation.
Although you cannot sue a doctor directly for a HIPAA violation, you may be able to sue if the breach of privacy led to other harm, such as identity theft or physical injuries. A medical malpractice attorney will review your case and determine whether you have a potential lawsuit against the doctor or hospital. You may be entitled to substantial financial compensation if you win a medical malpractice lawsuit.
Contact a Morgantown Medical Malpractice Lawyer Today
If the carelessness of a medical professional has injured you, reach out to a medical malpractice attorney at The Desai Law Firm today. Medical malpractice cases can be difficult legal actions, and you need the help of an experienced attorney to give you the best possible chances of success.
You can schedule a free initial consultation with a medical malpractice lawyer by visiting our website or calling us today at (304) 974-1974. You owe us nothing unless you win your case.
