Cite this Response
Alice! Health Promotion. "What are my rights as a patient?." Go Ask Alice!, Columbia University, 04 Nov. 2026, https://goaskalice.columbia.edu/answered-questions/what-are-my-rights-patient. Accessed 05, Nov. 2026.
Alice! Health Promotion. (2026, November 04). What are my rights as a patient?. Go Ask Alice!, https://goaskalice.columbia.edu/answered-questions/what-are-my-rights-patient.
Dear Alice,
On a recent gynecological visit, I requested an HIV test. The doctor, a woman, responded with the question, "Why, too many New York nights?" I was shocked by her response, but, because I felt intimidated by her, I disregarded her remark. After I told her that I had never been tested and thought it was time, she looked at me and said, "I think you're okay." Needless to say, I did not get tested by her.
During my exam, a Pap smear, she put on her rubber gloves and then realized that she couldn't find an instrument. So she rummaged through the drawer, went to the door and turned the knob, requested something from the nurse, closed the door, and proceeded with the exam. She never changed her gloves. I was appalled, but never said anything. I don't know why, but she totally intimidated me — one of those women who seem to have all, brains, beauty family, wealth, etc.
My question to you is, do I report this woman? If so, to whom? It happened several months ago and it was outside of NY state. I appreciate any reply. Thank you.
— Intimidated by uniforms
Dear Intimidated by uniforms,
It’s unfortunate that you had an unpleasant experience with your gynecologist. Speaking up about your needs during a medical appointment can be difficult, especially when providers are seen as the experts. As uncomfortable as it may be, it’s a good idea to speak up about your concerns. And, if your health care provider violated your rights, it may warrant reporting them to the medical board and take your business and medical records elsewhere.
What are your rights as a patient?
Most states in the US have a Patient Bill of Rights that outlines what patients are entitled to during medical care. While these vary by state, they typically cover similar grounds. Using the New York State Patients' Bill of Rights as a reference, patients generally have the right to:
- Receive respectful care in a safe environment, free from harassment or judgment.
- Request tests and procedures, including HIV testing, without being dismissed or shamed.
- Receive care without discrimination based on any personal characteristics, including sexual history or behavior.
- Receive care in a safe environment that includes proper infection control practices.
- File a complaint about their care without fear of reprisals and escalate that complaint to the relevant state health department if not satisfied with the response.
Because your appointment took place in another state, the patient rights and complaint process that apply are the ones in the state where your provider is licensed. It may be helpful to look up that state's Patient Bill of Rights to learn more about your options and protections.
Knowing your rights ahead of time makes it easier to recognize when something is wrong and gives you a foundation for speaking up in the moment. Before your next visit, consider writing down your questions so you feel more prepared.
What can you do if you feel uncomfortable during a hospital visit?
Many people find it difficult to speak up in the moment during a gynecological exam. These visits can place you in a vulnerable position, making it harder to advocate for yourself. Even so, you always have the right to:
- Ask a provider to stop and explain what they are doing.
- Request that a provider change their gloves or follow proper hygiene practices before continuing.
- Ask for a different provider within the practice.
- Leave the appointment at any point without completing the exam.
If something feels wrong during an exam, like bad hygiene, an inappropriate comment, or being touched without clear consent, you have the right to pause the exam, name what you observed, or leave. You don’t have to wait until the appointment is over.
What can and can’t be reported to a medical board?
Medical boards focus on clinical conduct and patient safety. Not every negative experience falls within their jurisdiction. Complaints about a provider’s communication style, attitude, or bedside manner are generally not considered misconduct on their own and may not result in formal action.
Usually, filing a complaint that focuses on specific safety incidents can carry more weight than one focused on tone or attitude.
What can you do about this experience?
- Contact the provider's office. Reaching out by phone or through a secure patient portal.
- File a complaint with the state medical board. State medical boards are the designated agencies for investigating complaints about physicians. You can find a directory on the Federation of State Medical Boards (FSMB) website. You can file anonymously, and this doesn’t prevent you from pursuing further action.
- Find a new provider. You can also choose not to report and simply not return to this provider.
A difficult experience with one provider isn’t a reflection of all medical care. Moving forward, it may be worth the effort to find a health care provider who listens, creates a non-judgmental environment, and maintains proper hygiene standards. Many sexual health clinics can help you get tested without judgment. You can also find a testing site through organizations like Planned Parenthood.
Knowing your HIV status and being proactive is an important part of taking care of yourself.
Wishing you good care,