Going Into Hospital
4. Your rights in hospital
You have a legal right to a reasonable standard of care and treatment from hospital staff.
What is defined as reasonable is judged by what other members of the same profession would do in similar circumstances. There are also some basic standards which NHS hospitals are required to meet.
These include:
- respect for privacy, dignity and religious and cultural beliefs;
- respect for confidentiality;
- a clean and safe hospital environment; and
- a named nurse in charge of your care, and name badges to be worn by all staff.
If you have any worries about the standard of care you receive in hospital, try to raise your concerns directly with the staff involved, or the nurse in charge of the ward. If this doesn’t help, you can make a formal complaint.
Your right to information
You have the right to have any proposed treatment, including the risks and any alternatives, clearly explained before you agree to it. Doctors should reply fully and truthfully to any questions you ask about your health and treatment. However, doctors can withhold information if they think this is in your best interest, although this does not happen very often.
If you feel that you are not being told enough, talk to your doctor about your concerns, and make sure you ask for an explanation of anything you are unsure about.
You have the right to see most of your health records. You are entitled to be informed of the uses of the information, who has access to it and how you can arrange to see your records. For more information speak to the health professional in charge of your case.
Your right to refuse treatment
You normally have a right to refuse any treatment or medication as long as you understand what this refusal will mean. A doctor can only examine and treat you without your consent in certain circumstances; for example, if you are:
- unconscious and cannot indicate your wishes;
- detained under the Mental Health Act; or
- temporarily incapable of giving consent; for example, due to drugs or alcohol.
If you are forced into having any treatment you don't want, this can be treated as an assault. Your Patient Advice and Liaison Service (or equivalent outside England) should be able to advise you if you think you have been given any treatment or medication without your consent.
Discharge
If a hospital believes that you are no longer in need of treatment, it is entitled to discharge you. It is the hospital’s responsibility to ensure that you do not leave hospital without adequate arrangements being made for your support in the community.
You should not feel pressurised into making hasty decisions about going home or perhaps into a care home. This particularly applies if you are not sure whether you will be able to cope at home, or whether you need residential or nursing care. Hospital staff should appreciate that finding a suitable care home takes time.
If you are returning home, it is important to make sure well in advance that there will be the help and facilities there that you will need. If it is likely that you will need help to manage at home, the hospital should arrange for you to be assessed by your local council to see what sort of help you will need from the social services department (social work department in Scotland and local health and social services trust in Northern Ireland).
If you are unhappy with the arrangements being made or if you have any concerns about being discharged from hospital, talk to a member of the hospital staff and explain your concerns.
More detailed information and advice on discharge from hospital is given in the section Coming Out of Hospital.