When you walk into an emergency room, you’re often scared, in pain, or overwhelmed. You trust that the hospital will guide you through what’s happening and make decisions in your best interest. But what many patients don’t realize is that you have specific rights in the ER—and hospitals don’t always volunteer that information.
Understanding your rights can help you protect your health, avoid unnecessary tests or charges, and speak up when something doesn’t feel right. Here’s what emergency rooms are required to do, what they often don’t explain, and what you can do if those rights aren’t respected.
You Have the Right to an Appropriate Medical Screening
Under federal law, emergency rooms must provide a medical screening exam to determine whether you have an emergency medical condition. This applies regardless of your insurance status or ability to pay.
This screening is not optional. It should be sufficient to evaluate your symptoms and identify serious conditions. Being briefly “looked at” or sent home without proper evaluation may not meet this requirement.
If you feel your screening was rushed or incomplete, that’s something worth questioning.
You Have the Right to Stabilizing Treatment
If the ER identifies an emergency medical condition, the hospital is required to stabilize you before discharge or transfer. Stabilization means your condition should not be likely to worsen after you leave.
Being discharged while still in severe pain, confused, or with unresolved symptoms may indicate that proper stabilization didn’t occur.
You Have the Right to Clear Communication
You have the right to understand:
- What tests are being ordered
- Why those tests are necessary
- What the results mean
- What diagnosis is being considered
- What the next steps are
Medical language can be confusing, but confusion should never be the default. If explanations were rushed, vague, or missing entirely, that’s a breakdown in care—not your fault.
You Have the Right to Informed Consent
Before most tests or treatments, hospitals are required to obtain informed consent. That means you should be told:
- What the procedure is
- Why it’s being done
- The risks and benefits
- Reasonable alternatives
In busy ERs, this step is sometimes glossed over. But consent isn’t just a signature—it’s understanding. If you weren’t informed, that matters.
You Have the Right to Ask Questions—and Get Answers
Patients often hesitate to speak up in the ER, worried they’ll be labeled “difficult.” But asking questions is your right.
You can ask:
- Do I really need this test?
- Are there alternatives?
- What happens if I wait?
- What should I watch for after discharge?
You should never be made to feel rushed or dismissed for wanting clarity.
You Have the Right to Safe and Appropriate Discharge
Before leaving the ER, you should receive:
- Clear discharge instructions
- Information on follow-up care
- Warning signs that require immediate attention
- An explanation of your diagnosis or next steps
Being sent home without this information—or without understanding it—puts patients at risk. Many return visits to the ER happen because discharge instructions were incomplete or unclear.
You Have the Right to Access Your Medical Records
You are legally entitled to your ER records, including:
- Provider notes
- Test results
- Imaging reports
- Discharge documentation
These records are critical if something feels off about your care or your bill. Reviewing them often reveals gaps, inconsistencies, or errors.
You Have the Right to Question Your Bill
Patients also have rights when it comes to billing. You can:
- Request an itemized bill
- Ask what each charge is for
- Question tests or services you don’t recognize
- Challenge charges that don’t match the care you received
Hospitals may not proactively explain charges, but you have every right to ask—and to dispute errors.
What Happens When These Rights Aren’t Respected?
When patient rights are ignored, the consequences can be serious:
- Missed or delayed diagnoses
- Premature discharge
- Unnecessary testing
- Inflated ER bills
- Repeat visits and worsening symptoms
Unfortunately, many patients don’t realize something went wrong until they’re home, reviewing their bill, or feeling worse than before.
How ER Watchdog Helps Protect Patients
At ER Watchdog, we help patients understand not just what they were charged, but what should have happened during their ER visit.
Our team reviews:
- Whether your care met emergency medicine standards
- Whether your evaluation and discharge were appropriate
- Whether your bill reflects the care you actually received
- Whether unnecessary tests or inflated charges were added
We explain everything clearly, so you can decide your next steps with confidence.
Know Your Rights. Trust Your Instincts. Ask Questions.
If something didn’t feel right during your ER visit, you’re not overreacting. You have the right to clarity, safety, and fair treatment—and you don’t have to navigate that alone.
If you’re questioning your care or your bill, upload it to ER Watchdog for a free review.
We’ll help you understand what happened, what should have happened, and what to do next.
Because informed patients are protected patients.