The Illinois Senate passed a key piece of legislation that prevents doctors and hospitals from withholding critical information from patients.
S.B. 1564 changes the Illinois Health Care Right of Conscience Act. Prior to this recent change, doctors and hospitals could withhold critical health information based on a right of conscience. Now, with this new amendment in place, they cannot do so and instead must make patients aware of all of their health/medical/treatment options, regardless of the hospital or doctor’s religious beliefs.
Future Effects of the Law
This change in the law can have life-changing consequences. For example, under the previous iteration of the Illinois Health Care Right of Conscience Act, a doctor or hospital could refuse to inform a woman that she needs to have her fallopian tubes tied to avoid later health complications because such a procedure is against their religious belief. Withholding such critical information can prove deadly as in the case an Illinois woman. She had previously had a C-section and a very difficult labor. The hospital should have recommended the tubal ligation at the time of her C-section, and not at a later date, as a second operation so soon after the C-section placed her at risk of infection. Because she delivered her baby in a Catholic Hospital, under the right of conscience clause in the law, they did not have to inform her of this fact.
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It is ludicrous to think that doctors can choose not to tell a patient about a procedure or health risk that could be life-threatening just because it offends that particular physician. The patient’s health should be paramount. Such behavior by a doctor can now be tantamount to medical malpractice. With the passage of the new bill, doctors and hospitals can no longer be protected from hiding information from patients. While the physician may still refuse to perform a procedure, they must let the patient know that such an option exists. To refuse to do so opens them to medical malpractice lawsuits.
Contact an Experienced Medical Malpractice Attorney
If one of your loved ones has been injured due to the negligence of a medical professional, you are entitled to recover your losses and sue on their behalf. Mary Ann Covone Attorney at Law has over 23 years of experience representing victims of medical malpractice in the Chicago area. Call today at (708) 246-4911 for a free consultation.