Treatment FAQ

what to do if you feel someone is not getting proper treatment in a hospital

by Erika Hoeger Published 3 years ago Updated 2 years ago
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If you disagree with aspects of your treatment or feel like your rights are being violated, you have several possible avenues, if talking directly to staff hasn't helped. One is to seek out the hospital’s ombudsman or patient advocate.

While you are in the hospital: If possible, first bring your complaints to your doctor and nurses. Be as specific as you can and ask how your complaint can be resolved. You can also ask to speak to a hospital social worker who can help solve problems and identify resources.

Full Answer

What to do if someone refuses to go to treatment?

2. If the person who refuses treatment is unwell but can still discuss things (e.g. they are not too severely manic or psychotic to follow the discussion): Consider clarifying with the person the reasons they have for not accessing treatment (see also what to do if the person wants to stop or reduce their medication ).

What should I do if I disagree with my hospital treatment?

[Read: Should I Take My Child to the Hospital?] If you disagree with aspects of your treatment or feel like your rights are being violated, you have several possible avenues, if talking directly to staff hasn't helped. One is to seek out the hospital’s ombudsman or patient advocate.

What happens if a hospital refuses to treat a patient?

For instance, if a doctor employed by the hospital uses their professional medical expertise to decide that a patient’s condition doesn’t require treatment, which in turn, results in a refusal for treatment, then a court will likely consider this a reasonable excuse to do so. In which case, the hospital will not be found liable.

What to do if your doctor is not listening to you?

If you feel that your healthcare professional isn’t really listening or heeding your concerns, there are many steps you can take to get the answers you seek. Here are a few suggestions: If your symptoms are ignored, ask, “What might this be?”

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How would you handle a difficult patient in the hospital?

5 Tips for Handling Difficult PatientsListen to the complaint and identify the problem. ... Don't lose control. ... Remind the patient you expect to be treated with respect. ... Empathize with the patient. ... Find a solution.

How do you handle patient complaints?

Follow these six steps for how to handle patient complaints that will leave patients feeling satisfied and heard.Listen to them. ... Acknowledge their feelings. ... Ask questions. ... Explain and take action. ... Conclude. ... Document complaints.

Can you be denied treatment at a hospital?

A hospital cannot deny you treatment because of your age, sex, religious affiliation, and certain other characteristics. You should always seek medical attention if and when you need it. In some instances, hospitals can be held liable for injuries or deaths that result from refusing to admit or treat a patient.

How do I write a letter of complaint to a hospital?

Some tips for an effective complaint include:Provide as much evidence as possible, but make sure you have copies of any evidence you send to the hospital. ... Keep your complaint succinct and to the point. ... Highlight issues that other organizations, such as state regulators or the media, are likely to care about.More items...•

How do you respond to an upset patient?

DON'T'sStop, focus, and use your best listening skills. Stop whatever you are in the middle of doing. ... Remain calm and commit to keeping your cool. ... Sympathize and acknowledge the anger. ... Apologize. ... Look for a solution.

How would you handle a family who is displeased with your patient's care?

Tips for Handling a Patient's Disruptive Family MemberDon't take it personally. When people are fearful or worried, they may be argumentative or aggressive, taking their misplaced anger out on you. ... Acknowledge the emotions. ... Listen reflectively. ... Be direct and firm. ... You don't need to have all the answers.

On what grounds can a doctor refuse to treat a patient?

When Can Doctors Refuse to Treat? According to Stat News, physicians can ethically refuse to treat patients who are abusive, when such treatment falls outside their scope of practice, and when a patient's care comes into conflict with the physician's duties.

Can a doctor refuse to treat a patient in an emergency?

The element of consent is one of the critical issues in medical treatment. The patient has a legal right to autonomy and self determination enshrined within Article 21 of the Indian Constitution. He can refuse treatment except in an emergency situation where the doctor need not get consent for treatment.

Are doctors obligated to treat patients?

Physicians have a legal duty to provide a certain standard of skill and care to their existing patients. The legal duty of care is created when a physician agrees to treat a patient who has requested his or her services.

Who do you complain to about hospital treatment?

They must lodge their complaints with the complaints manager or the office of the hospital chief executive officer. Alternatively they can call the following hotline numbers 0800 233 886 or 011 488 4366.

How do I complain about negligence?

Research Before Writing For example, if you are alleging that a defendant committed negligence, you must show that the defendant: (1) owed a duty to your client; (2) breached that duty; and (3) directly and proximately caused harm to your client.

How do you write a strongly worded complaint letter?

How to Write a Strongly-Worded Letter of Complaint: A SummaryStep 1: Make Sure You Send It to the Right Place. ... Step 2: Start the Letter With the Right Tone. ... Step 3: Explain the Problem Effectively. ... Step 4: Suggest a Solution. ... Step 5: Enclose or Attach Relevant and Necessary Documents. ... Step 6: Set a Time Limit.More items...•

Are There Any Exceptions to This Rule?

Yes. In many cases, a hospital can be held liable for refusing to treat a seriously hurt person in an emergency situation. Courts realize that emer...

Does It Matter Who Refuses to Provide Treatment?

Yes. The person who refuses medical treatment to a patient must be an employee of the hospital. In addition, that person must have the authorizatio...

Is The Reason For Refusing to Admit Or Treat A Patient Important?

Yes, in some cases. Where a physician's refusal to provide treatment was based on a medical determination (i.e. the doctor concludes that the patie...

How Can A Lawyer Help Me?

If you have been denied admittance or treatment by a hospital, suffering consequential injuries in the process, you should contact a personal injur...

How to make sure that the prison officials know about their medical conditions?

Inmates should first make sure that the prison officials know about their medical conditions. They should put this information in writing and provide as much detail as possible to avoid any refutation that the prison officials were “not aware” of the condition. This may take the shape of sick call requests, written complaints, formal grievances or medical records. This information should contain details that can later be relied on, including the date, the nature of the complaint, a description of the care provided, medical officials seen and any prescribed follow-up treatment.

Why are prisoners vulnerable to medical care?

The Court has noted that prison inmates are particularly vulnerable because they have to rely on prison officials to treat their medical needs.

What rights do prisoners have?

This includes the right to medical treatment for physical and psychological needs.

Does being in prison mean you will not receive treatment?

Simply because a person is in prison does not mean that he or she will receive every possible form of treatment when he or she requests it. However, courts have found that deliberate indifference to serious medical needs has been demonstrated by denying or delaying access to qualified medical professionals in a serious manner, failing to carry out medical orders, basing treatment decisions on non-medical factors in an unjustifiable fashion or failing to make necessary inquiries in order to make professional judgments regarding medical treatment.

Is a significant injury considered a serious medical need?

Additionally, the need may be one that causes considerable pain or may affect daily activities in a significant manner. A significant injury often is a “ serious medical need.”.

Is it enough to be a prison official?

It is not enough that a prison official simply exhibit deliberate indifference to any medical need. Instead, for a viable constitutional claim, it must be a “serious” medical need. This means that the medical condition must have been diagnosed by a doctor as requiring treatment or that is so obvious that anyone would immediately recognize that a physician’s attention was needed.

What to do if you can't go to the patient rights advocate?

If you can’t go to the patient rights advocate yourself, “you can call them or ask your nurse to call them and have them come up to your room ,” Richardson says. Hospitals must acknowledge patient complaints immediately, she says, and must respond in writing once they are resolved.

What to do if you have a serious illness?

If you have a serious illness and you’re suffering from symptoms that aren’t being managed correctly, you can also request a consultation with a palliative care team . Palliative care isn’t only about end-of-life issues, it’s about quality of life, Kirch says.

When should I ask my doctor for blood pressure?

If you’re getting jostled out of sleep for a blood draw or blood-pressure check in the middle of the night, ask your doctor the next day if it’s really necessary. Often, it can wait till early morning, says Julie Morath, president and chief executive of the Hospital Quality Institute.

Can you do it by yourself while in pain?

You cannot do it by yourself while you’re in pain, medicated and not thinking clearly. Advertisement.

What happens if a doctor refuses to admit a patient?

On the other hand, if a doctor refuses to admit or treat a patient without ever considering the patient’s current medical condition, then some courts will find that the hospital should be held liable for refusing to admit or treat the patient.

What happens if a patient arrives in critical condition and fails to treat them?

For instance, if a patient arrives in critical condition and failing to treat them will result in severe injuries or possibly death, then the hospital will be held responsible for turning away a patient who needs immediate medical attention.

What does it mean when a hospital is short on resources?

If the hospital is short on resources (e.g., not enough beds, staff, medicine, overcrowded, etc.); When the hospital believes that the patient would receive better treatment at a different facility; and/or. If the hospital lacks the appropriate equipment or type of medical personnel required to properly treat a patient’s injury or illness.

Can hospitals refuse to admit patients?

Hospitals can refuse to admit or treat certain patients without incurring liability. Although hospitals cannot deny treatment to individuals for discriminatory purposes (e.g., race, gender, sex, etc.), they can do so for other reasons, such as: If the hospital is short on resources (e.g., not enough beds, staff, medicine, overcrowded, etc.);

Can a hospital refuse a patient's medical treatment?

According to the terms of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), a hospital cannot refuse a patient medical treatment if it is an emergency, regardless of whether the patient is insured or not. Thus, if a patient requires immediate medical attention or is in active labor, then a hospital can be held liable ...

Who must refuse medical treatment?

For one, the person refusing to provide medical treatment to the patient must be someone who is employed by the hospital. In addition, that person must also possess the authority to decide which patients can or cannot receive treatment. In most cases, this generally will include any hospital staff that is in charge of the treatment and care ...

Can a hospital be held liable for refusing to admit a patient?

As discussed above, there are certain situations where a hospital can be held liable for refusing to admit or treat patients, such as if the hospital is denying treatment based on discriminatory reasons. Another example of when a hospital may be held liable for refusing treatment is during an emergency situation.

What does it mean when someone is too ill to recognize they need treatment?

If the person is too ill to recognise they need treatment: It can help to develop an advance directive or plan with the person when they are relatively well about what treatment they prefer to receive when very ill ...

What to do if someone refuses to treat bipolar disorder?

Listen and observe. If the person refuses to treat their bipolar disorder, listen and observe to try and understand why they refuse. Possible reasons include when the person: Has difficulty accepting that they have bipolar disorder or need treatment. Does not wish to be connected with the stigma sometimes linked to bipolar disorder.

How might treatment help in terms of what is important to the person?

treatment might help to reduce symptoms the person finds unpleasant, make it easier for them to achieve a valued goal, or prevent negative consequences).

How to help someone with bipolar disorder?

Be patient, supportive, and when appropriate, encourage the person to seek treatment. Try to negotiate with them to get treatment if they develop symptoms. If the person does not want your help < Previous. Next > If the person refuses to take responsibility for managing their bipolar disorder.

What to do if your primary care doctor doesn't take your symptoms seriously?

If you feel your primary care doctor doesn’t take your symptoms seriously, ask for a referral to a specialist or go to a different practice for a second opinion. A fresh set of eyes can be extremely helpful. Review how to present your symptoms factually, clearly, quickly, and without unnecessary minutiae.

Can dismissed patients avoid health checks?

The impact can cause both emotional and practical damage. Too often dismissed patients avoid health checks in the future and go without proper medical care and screenings. There is a subtle difference between a patient who experiences a delayed diagnosis and one whose symptoms are dismissed.

Can a doctor ignore symptoms?

Sometimes symptoms aren’t ignored by the doctor, they’re just lost in a list that’s too long or includes what the clinician feels are irrelevant details. Ask them how to best present the information. Most importantly, put your symptoms into context.

What to do if you disagree with a hospital?

If you disagree with aspects of your treatment or feel like your rights are being violated, you have several possible avenues, if talking directly to staff hasn't helped. One is to seek out the hospital’s ombudsman or patient advocate.

What happens if you request treatment for a medical emergency, including active labor?

EMTALA says if you request treatment for a medical emergency, including active labor, you have the right to a medical screening examination, and the hospital must either give treatment to stabilize you, or if unable to do so, transfer you to another hospital that can.

What are patient rights?

Fundamental patient rights include: knowing all the information pertaining to your care, being part of the decision-making process and receiving truly informed consent, says Ana Pujols McKee, executive vice president and chief medical officer of The Joint Commission, the organization that accredits hospitals.

What are hospital patient rights?

Hospital patient rights encompass many other areas, such as continuity of care after discharge and rights of psychiatric patients. For detailed information, check out rights as described on the website of your state's board of health, or take a look at those from the American Hospital Association.

What is the right to emergency care?

According to the Emergency Medical Treatment & Labor Act, you’re entitled to have access to emergency services, regardless of your ability to pay. EMTALA says if you request treatment for a medical emergency, including active labor, you have the right to a medical screening examination, and the hospital must either give treatment to stabilize you, or if unable to do so, transfer you to another hospital that can.

Can you name a spouse if you are unable to make a health decision?

In the event you become medically unable to make health care decisions, you’re allowed to name a person of your choice, including a spouse, relative or friend, to make medical decisions on your behalf.

Do hospital patients have the right to religious services?

Hospital patients also have the right to religious services, like chaplaincy services offered on-site. Respect encompasses your right to privacy. And it also means that if you’re in pain, you have the right to get your pain addressed.

What to do if you are being bullied?

If you’re being bullied, your first course of action is to informally approach a line manager, your human resources department or your union rep. Make notes of any incidents that have caused you distress and any examples of bad treatment or bullying.

What is the phone number for harassment?

There might be a way to resolve the problem without going all the way to a tribunal. The ACAS helpline is 08457 474 747.

What is unfair treatment under the Equality Act 2010?

Any type of behaviour that makes you feel intimidated or offended could be construed as harassment – and is unlawful under the Equality Act 2010. There are many forms of unfair treatment or harassment, and these include: Spreading malicious rumours about you. Treating you unfairly. Picking on you.

Is bullying a difficult law?

The law on bullying and harassment is quite difficult to interpret, so if you feel you’re being badly treated at work and need some help, a good employment rights adviser might be your first port of call.

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