George J. Annas - The rights of patients: the basic ACLU guide to patient rights

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Page i George J. Annas, J.D., M.P.H., is the Edward R. Utley Professor of Health Law at Boston University School of Medicine and chief of the health law section at Boston University School of Public Health. An internationally recognized expert on health law and medical ethics, he has taught health law courses in schools of medicine, law, and public health for the past fifteen years. He also writes a regular column for the Hasting Center Report and the American Journal of Public Health and is editor-in-chief emeritus of Law, Medicine & Health Care. He has held a variety of public posts including vice-chairman of the Massachusetts Board of Registration in Medicine, and chairman of the Massachusetts Organ Transplant Task Force. His other books include The Rights of Doctors, Nurses and Allied Health Professionals (1981), Reproductive Genetics and the Law (1987), and Judging Medicine (1988).

Page ii Also in this series THE RIGHTS OF AUTHORS AND ARTISTS by Kenneth P. Norwick, Jerry Simon Chasen, and Henry R. Kaufman THE RIGHTS OF CRIME VICTIMS by James Stark and Howard Goldstein THE RIGHTS OF EMPLOYEES by Wayne N. Outten with Noah A. Kinigstein THE RIGHTS OF GAY PEOPLE by Thomas B. Stoddard, E. Carrington Boggan, Marilyn G. Haft, Charles Lister, and John P. Rupp THE RIGHTS OF OLDER PERSONS by Robert N. Brown with Legal Counsel for the Elderly THE RIGHTS OF PRISONERS by David Rudovsky, Al Bronstein, and Edward I. Koren THE RIGHTS OF SINGLE PEOPLE by Mitchell Bernard, Ellen Levine, Stefan Presser, and Marianne Stecich THE RIGHTS OF STUDENTS by Janet R. Price, Alan H. Levine, and Eve Cary THE RIGHTS OF TEACHERS by David Rubin with Steven Greenhouse THE RIGHTS OF WOMEN by Susan Deller Ross and Ann Barcher THE RIGHTS OF YOUNG PEOPLE by Martin Guggenheim and Alan Sussman YOUR RIGHT TO GOVERNMENT INFORMATION by Christine M. Marwick

Page iii An American Civil Liberties Union Handbook The Rights of Patients The Basic ACLU Guide to Patient Rights SECOND EDITION Completely Revised and Up-to-Date George J. Annas General Editor of the Handbook Series: Norman Dorsen, President, ACLU SOUTHERN ILLINOIS UNIVERSITY PRESS CARBONDALE AND EDWARDSVILLE

Page iv Copyright 1989 by George J. Annas and the American Civil Liberties Union All rights reserved Printed in the United States of America Production supervised by Linda Jorgensen-Buhman 01 00 99 98 7 6 5 4 Library of Congress Cataloging-in-Publication Data Annas, George J. The rights of patients: the basic ACLU guide to patient rights George J. Annas.2d ed., completely rev. and up-to-date. p. cm.(An American Civil Liberties Union handbook) Rev. ed.of: The rights of hospital patients, 1975. Includes bibliographical references and index. 1. Hospital patientsLegal status, laws, etc.United States. 2. HospitalsLaw and legislationUnited States. I. Annas, George J. Rights of hospital patients. II. Title. III. Series. KF3823.A96 1989 344.73'03211dc19 [347.30432111] ISBN 0-8093-1527-088-29893 CIP The paper used in this publication meets the minimum requirements of American Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984.

Page v To the sick, and the healers who treat them as persons

Page vii Contents Preface ix Acknowledgments xi Introduction xiii I. The Patient Rights Movement 1 II. How Hospitals Are Organized 17 III. Rules Hospitals Must Follow 34 IV. Emergency Medicine 50

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