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USA: Patient rights

In the USA, patients have the right to informed consent, access to their medical records, a free interpreter and appeals against insurance decisions.

Last updated: ~1 min read
On a dark navy background, a consent form.
Figure 1.Pen — USA: Patient rights

01Short answer

Before any major procedure, the doctor must explain the risks, benefits and alternatives and get your consent. The law protects your right to a copy of your medical records and results; they often appear in a “patient portal”. Hospitals that receive federal funding must provide a free interpreter for people with limited English, and you do not have to use relatives as interpreters. Insurance refusals can be appealed internally and through an independent external review. Every hospital has a “patient advocate” or “patient relations” service.

02Simple explanation

Consent: with explanation.

Records: yours.

Interpreter: free.

03Scientific explanation

Language: LEP.gov explains language access requirements.

Surprise bills: the No Surprises Act gives a right to a cost estimate in some cases.

04What happens in the body?

Consent

Ask questions before signing anything you do not understand.

Interpreter

Ask for a phone or video interpreter.

On a dark navy background, an interpreter headset.
Figure 2.Headset — USA: Patient rights

Portal

Results and notes can be seen in the portal.

On a dark navy background, record folders.
Figure 3.Tablet — USA: Patient rights

05Using your rights

Four steps.

Ask — Before signing.1AskBefore signing.
Language — Request an interpreter.2LanguageRequest an interpreter.
Records — Get a copy.3RecordsGet a copy.
Appeal — Know the deadline.4AppealKnow the deadline.
InformedThe decision is yours.
ProtectedYour rights are known.

06Key points at a glance

TopicIn brief
ConsentAsk questions before signing anything you do not understand.
InterpreterAsk for a phone or video interpreter.
PortalResults and notes can be seen in the portal.

07Key terms

Informed consent
Agreement after a full explanation.
Patient advocate
A hospital staff member who helps patients.
Interpreter
A professional language helper.
External review
An independent outside appeal.

08Key points

  • State your preferred language at registration.
  • Set up portal access.
  • Keep copies of key documents.
  • Take complaints to patient relations.
  • Note appeal deadlines.

09Frequently asked questions

Can my child interpret?

Not recommended; a professional interpreter should be provided free.

Must I pay for records?

A small fee is sometimes possible; the portal is often free.

Where do I complain?

First to the hospital’s patient relations, then to state agencies.

10Questions for your doctor

Take these questions to your appointment. The ones you save are collected on the “My questions” page and stay on this device only.

  1. Can my child interpret?

  2. Must I pay for records?

  3. Where do I complain?

My questions

12Sources

  1. LEP.gov (U.S. Government). Language access for people with limited English proficiency
  2. HealthIT.gov (ONC). How to get your health record
  3. HealthCare.gov. Appealing a health plan decision
  4. Centers for Medicare & Medicaid Services (CMS). Medical bill rights
  5. Centers for Medicare & Medicaid Services (CMS). No Surprises: understand your rights against surprise medical bills
  6. Agency for Healthcare Research and Quality (AHRQ). Questions to ask your doctor
  7. Kassenärztliche Bundesvereinigung. 116117 – the on-call medical service
  8. DGHO (German Society of Haematology and Medical Oncology). Official website (in German)
  9. Onkopedia (DGHO). Guidelines
  10. OncoMAP (Deutsche Krebsgesellschaft). Certified cancer centres
Medical disclaimerThis information is for educational purposes only and does not replace medical advice.
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