Federal laws and regulations govern many aspects of the health care system.  In Michigan, state laws provide some additional protection.  Even these Michigan laws do not go far enough, because a patient cannot file a legal claim to protect his or her rights, before suffering serious physical injury. 

Patient Bill of Rights

The Michigan law, MCL 333.20201, known as the Patient Bill of Rights provides that a patient or resident of a health care facility have, at a minimum, the following rights:

• To not be denied appropriate care based on race, religion, color, national origin, sex, age, disability, marital status, sexual preference, or source of payment.
• To inspect, or receive for a reasonable fee, a copy of his or her medical record upon request.  A third party shall not be given a copy of the person's medical record without prior authorization of that individual.
• To confidential treatment of personal and medical records.
• To refuse release of personal and medical records to a person outside the health facility or agency, except as required because of a transfer to another health care facility or as required by law or third party payment contract.
• To privacy, to the extent feasible, in treatment and in caring for personal needs with consideration, respect, and full recognition of his or her dignity and individuality.
• To receive adequate and appropriate care.
• To receive, from the appropriate individual within the health facility or agency, information about his or her medical condition, proposed course of treatment, and prospects for recovery, in terms that the patient or resident can understand, unless medically contradicted as documented by the attending physician in the medical record.
• To refuse treatment to the extent provided by law and to be informed of the consequences of that refusal.  If a refusal of treatment prevents a health facility or agency or its staff from providing appropriate care according to ethical and professional standards, the relationship with the patient or resident may be terminated upon reasonable notice.
• To exercise his or her rights as a patient or resident and as a citizen, and present grievances or recommend changes in policies and services on behalf of himself or herself or others to the health facility or agency staff, to governmental officials, or to another person of his or her choice within or outside the health facility or agency, free from restraint, interference, coercion, discrimination, or reprisal.
• To receive information about the health facility's or agency's policies and procedures for initiation, review, and resolution of patient or resident complaints.
• To receive information concerning an experimental procedure proposed as a part of his or her care and to refuse to participate in the experimental procedure without jeopardizing his or her continuing care.
• To receive and examine an explanation of his or her bill regardless of the source of payment and to receive, upon request, information relating to financial assistance available through the health facility or agency.
• To know who is responsible for and who is providing his or her direct care, to receive information concerning his or her continuing health needs and alternatives for meeting those needs, and to be involved in his or her discharge planning, if appropriate.
• To associate and have private communications and consultations with his or her physician, attorney, or any other person of his or her choice. 
• To send and receive personal mail unopened on the same day it is received at the health facility or agency, unless medically contraindicated as documented by the attending physician in the medical record.
• To exercise fully his or her civil and religious liberties, including the right to independent personal decisions and the right to knowledge of available choices.  The health facility or agency shall encourage and assist in the fullest possible exercise of these rights.
• To meet with, and participate in, the activities of social, religious, and community groups at his or her discretion, unless medically contradicted as documented by the attending physician in the medical record.
• To be free from mental and physical abuse and from physical and chemical restraints, except those restraints authorized in writing by the attending physician for a specified and limited time or as are necessitated by an emergency to protect the patient or resident from injury to self or others, in which case the restraint may only be applied by a qualified professional who shall set forth in writing the circumstances requiring the use of restraints and who shall promptly report the action to the attending physician. In case of a chemical restraint, a physician shall be consulted within 24 hours after the commencement of the chemical restraint.
• To be free from performing services for the health facility or agency that are not included for therapeutic purposes in the plan of care.
• To receive the health facility or agency rules and regulations affecting patient or resident care and conduct.
• To receive adequate and appropriate pain and symptom management as a basic and essential element of his or her medical treatment.

If you or a loved one is the victim of medical malpractice, talk with an experienced Michigan medical malpractice lawyer.  Please submit a simple, free and confidential legal consultation form now. 

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