Patient Consent / Patient Rights

Patient Consent / Patient Rights & Responsibilities / End of Life What rights and expectations does a patient have when interacting with healthcare professionals, such as a doctor or pharmacist? First of all, a patient expects that the Consumer Bill of Rights and Responsibilities that was adopted by the United States Advisory Commission on Consumer Protection and Quality in the Health Care Industry (that was adopted in 1998) will be observed and adhered to by the healthcare professional no matter what aspect of healthcare the individual is in need of or is attending.

The first point of the Patient's Bill of Rights (to help patients gain a sense of confidence in the U.S.

healthcare system) has three subcategories: One, to give the patients a sense of being at ease, knowing that the healthcare system is "fair and it works to meet patients' needs"; two, it offers to patients a way to address any problems they may have in the process of receiving their healthcare services; and three, this first category should encourage patients to take "an active role" in trying to stay healthy.

The second "major goal" of the Bill of Rights is designed to "stress the importance of a strong relationship between patients and their healthcare providers"; and the third major goal is simply to stress the important role patients play in staying healthy and the importance of healthcare providers taking responsibility for their duties and moral / ethical role in the providing of healthcare.

As to the eight key areas of the Patient's Bill of Rights: a) patients have an absolute right to information that is accurate and simple to understand about their health plan, about their professionals that are taking care of their needs, and about the facilities available to them; also, if the patient is not conversant with English -- or something is presented they just don't understand -- help will be offered; b) patients have a right to choose providers and plans that offer the best possible match with their needs, so high-quality healthcare can be accessed when it is needed; c) patients need to have the right to emergency services "without needing to wait for authorization" and without being penalized financially; d) patients have the right to be given clear information so they can make the best decisions regarding "treatment options" (and in the case a patient cannot make that kind of a decision, family, parents or guardians can help arrive at those decisions); e) every patient deserves respectful, considerate care from doctors and other professionals in the healthcare industry; discrimination is against the law; f) an important part of the healthcare relationship a patient has with his or her doctor or nurse is confidentiality and privacy; not only that, but patients under the bill of rights can ask to see their own medical records at any time, and a patient can ask the doctor to change that record if it is incorrect; g) if there are flaws or complaints that a patient has (against a healthcare provider) the patient has a right to a "fast, fair, and objective" review of those complaints or concerns; and h) patients too have responsibilities, including paying their bills on time, following doctor's orders, and treating the healthcare professions with dignity and respect (Cancer.org).

Were those rights violated in the case of Robert Courtney's unlawful behavior? Yes those rights were violated in several ways. First, the information Courtney's patients received was both false and incomplete. They did not realize they were not getting what they paid for; they were treated shabbily by a man who specialized in providing fraudulent medications.

Second, the patients getting prescriptions from Courtney were not given the opportunity to take part in treatment decisions; in this case, it would have been impossible for Courtney to show them the truth without opening himself up for investigation. Thirdly, Courtney's patients were not treated with respect, in fact they were discriminated against through the delivery of phony, watered-down medications.

What role did Courtney have as a patient advocate? Did he uphold that obligation? He certainly did not prove to be an advocate; rather he engaged in criminal activities while putting on the pretense of being a wholly professional healthcare person with his expensive clothes and smooth personality. The legal conclusion of this case finds Courtney incarcerated for many years based on the fraud he perpetrated against his patients.

He was also sued (tort suits) by upwards of 200 former patients and the deciding factors in his incarceration were the samples of his prescriptions that the FBI had access to -- that resulted in 20 federal counts of tampering with and adulterating chemotherapy drugs. The FBI conducted empirical tests on the samples that Courtney mixed up in his back room, and it was clear that he was.