Patient Rights for SCI survivors

For patients who have suffered spinal cord injuries, the appropriate reaction to medical malpractice can vary. Spinal cord injuries are already traumatic, without the addition of unfortunate medical accidents. The best way to protect you and your loved ones from receiving substandard care is by being a proactive, educated consumer who is willing to exercise their rights as a patient.

In general, a selection of federal, state and common law statues define our rights as medical patients. Typically most patient rights laws provide protection in a variety of areas even though there are specific provisions for each state.

• The freedom of choice when selecting a medical facility or a physician.

In the case of emergencies when the patient is unable to make decisions about their treatment, this right can be qualified without the patients consent.


• The right to informed consent as to all viable medical alternatives.

To appropriately assess risk, a patient has the right to be advised in a reasonable manner of all important medical information that the physician possesses, or should reasonably posses, that is material to the patient making an informed decision as whether or not to undergo a specific procedure.


• The right to prompt and adequate response.

All requests that are reasonable must be answered to the best of the medical facility’s ability.


• The right to attain, upon request, basic information about the name and specialty of the physician or other person(s) responsible for coordinating your care.

Some laws also require physicians, medical students, and other hospital or medical facility employees to wear identification badges with photograph, name, and their position title and license status.


• Acknowledgment of any rules or regulations that apply to your conduct while you are being treated within a hospital or medical institution.


• Confidentiality of all medical records and communications to the extent provided by the law.


• Privacy during care and treatment within any medical facility.


• Access to, and inspection of, your own medical records, upon request.

For a personal copy of these records you may be required to pay for photocopying expenses. However, the records are usually copied free of charge if they are required to support a Social Security benefits claim or other government assistance program.

• Receive prompt life-saving treatment in an emergency situation without discrimination based upon economic status or otherwise.


• Upon request, receive any information regarding financial assistance and/or free healthcare options available to you.


• Receive prompt and safe transfer to another medical facility if you are refused non-emergency treatment because of economic status or an inability to pay for services.


• Upon request, receive an itemized invoice of all medical-related charges submitted for payment to an insurance company or some other third-party.


• Upon request, an explanation regarding any relationship or affiliation the healthcare facility has to any other medical or educational institution.


• You have the right to refuse examination, observation, or to be treated by medical students.


• You have the right to refuse to serve as a subject of research or to have an examination or receive treatment when the primary purpose of such care is educational or informational rather than therapeutic.


• You have a right to refuse treatment based upon the tenets of your church or religious beliefs that limit the form and quality of treatment to which you may submit.

Depending on your particular jurisdiction, there may be other laws to protect you as well. Knowing and exercising these rights reasonably may very well be your best defense against the possibility of oversight, neglect and/or abuse.

If you have received a spinal cord injury that resulted from or was exacerbated by medical malpractice, make sure you explore your patient rights.

< Return to Articles