Fighting Back Against the Hospital

The Pandemic made us a bit wary of hospitals. Tales of families not being allowed to see their loved ones were all over the place. People put on ventilators. Or given Remdesivir.

Often without their consent.

It was difficult to determine fact from fiction during the Pandemic. However, there were enough stories to sow doubt in people’s minds about how hospitals treat their patients.

According to the law, hospitals have to obtain your consent to perform a medical procedure. There are exceptions to these rules:

• Emergencies - When the patient is unconscious, severely ill, or otherwise unable to provide consent

• Incapacitation - If the patient lacks the mental capacity to understand the implications of treatment

• Minors - Parents or legal guardians usually have to make decisions for kids. In the absence of a guardian the hospital may make the decision

The trouble is that the hospital staff often are the people making the determination whether you can consent. I’m sure there are tons of hospital employees who only have the best intentions.

Yet it still doesn’t make you feel completely comfortable.

For instance, 2 years ago, New York City rolled out a law that allows police to take people who are having a serious mental health crisis to a hospital without their consent.

Often without their consent.

It was often difficult to determine fact from fiction during the Pandemic. However, there were enough stories to sow doubt in people’s minds about how hospitals treat their patients.

According to the law, hospitals have to obtain your consent to perform a medical procedure. There are exceptions to these rules:

• Emergencies - When the patient is unconscious, severely ill, or otherwise unable to provide consent

• Incapacitation - If the patient lacks the mental capacity to understand the implications of treatment

• Minors - Parents or legal guardians usually have to make decisions for kids. In the absence of a guardian the hospital may make the decision

The trouble is that the hospital staff often are the people making the determination whether you can consent. I’m sure there are tons of hospital employees who only have the best intentions.

Yet it still doesn’t make you feel completely comfortable.

For instance, 2 years ago, New York City rolled out a law that allows police to take people who are having a serious mental health crisis to a hospital without their consent.

Again, I’m all for mentally ill people receiving treatment. History just shows this power can easily be abused.

For instance, over 1/3 of the political prisoners in the Soviet Union were locked up in psychiatric hospitals. Makes you wonder if their diagnosis really was ‘mental issues’.

Yes we’re not the Soviet Union. However, you are relying on the hospital staff to discuss all your options and alternative treatments before YOU make a decision. Maybe they are not completely aware of ALL the alternatives (nutrition comes to mind).  And you’re sick or injured while trying to make the decision.

We all want to have control of what happens to our bodies. That’s why it’s important to be ready beforehand.

A hospital insider who also has a law degree came up with a nice solution. She calls it a ‘I Do Not Consent Form’.  It’s a form you can sign ahead of time and be ready if you have to go to the hospital.

After filling it out, you want to have it notarized to make it official. Then you, or a trusted friend of family member gives it to the hospital in case of emergency. The hospital must put the form in your medical records and follow the instructions.

The form primarily covers a lot of Covid treatments. However, there is a blank space to add whatever you want. Or you could use the form as a template and write up your own form since the Covid issues have decreased a lot.

People who go to the hospital often are in a lot of pain and are much weaker than their healthy selves. When you are feeling weak, it’s often challenging to fight back.

This form helps do the fighting for you. It’s totally free and easy to fill out. Hopefully you never need it. But it’s nice to know it’s there if you do.