We completely trust
a hospital and its doctors, and during covid- 19 on Govt and Medical Dept responsible
to fight pandemic without so much as a shadow of a doubt. Now, we are not
saying that someone can take advantage of this situation, but it is crucial for
everyone to know about their rights at every place. Since the whole world is fighting
the Pandemic and all our eyes are on Medical and on Govt and from recent news
the ill inhuman treatment by hospital, one should know his Rights.
In a letter to Union Health Secretary Lov
Verma, Union Law Secretary P K Malhotra has said that according to the CIC's
July 23 order, a patient has a right
to his/her medical record which is
rooted in Article 19 and 21 of the Constitution and the hospital authorities
have a duty to provide the same under RTI Act
Legal
documents on patient's rights
In India, there are various legal provisions related to patient's
rights which are scattered across different legal documents, such as:
· The Constitution of India, Article 21
Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002
·
The Consumer Protection Act 1986
·
Drugs and Cosmetic Act 1940
·
Clinical Establishment Act 2010 etc.
The
Ministry of Health and Family Welfare, Government of India has proposed a
'Charter of Patient Rights' to be implemented by state governments. it includes
17 Rights which are as:
1.
Right to Information.
Patients have the right to know the identity and professional status of every doctor and assistant as well as the primary doctor who is treating them. Information regarding costs of treatment needs to be given in writing.We can infer that a patient has all the right to know about medical professional who is treating them and costs of treatment.
2.
Right to records and reports.
Patients or their
respective caretakers have the right to access the originals or copies of case
papers, indoor patient records and investigation reports. Investigation reports
have to be made available to them within 24 hours of admission or 72 hours of
discharge.
The hospital is
responsible for providing a discharge summary or a death summary, in the case
of a death, to the caretakers or kin of the patient with original copies of
investigations.
From this we can
infer that the patient have right to have his medical /clinical test report.
3. Right to emergency medical car
Time has witnessed
that the dimension of Article 21 is very wide and one can move to respective High
Court and Supreme Court under Article 32 and 226 of Constitution of India and
can also complaint to State or National Human Right Commission.
4. Right to informed
consent
5. Right to
confidentiality, human dignity and privacy
The code of ethics dictates doctors to hold information
about the illness and treatment plan for the patient in strict confidentiality
from everyone except the patient and their caretakers. Unless it is an exceptional
case where sharing this information is “in the interest of protecting other or
due to public health considerations. In the case of a female patient, she has
the right to demand the presence of another woman if the medical practitioner
checking or treating her is male
6. Right to
non-discrimination.
7.Right to safety and
quality care according to standards.
Here is a brief list of provisions that come under the list
of quality care standards-
– Safety and security.
– Cleanliness, infection control measures and sanitation
facilities and safe drinking water.
– Healthcare that abides by the latest standards, norms and
guidelines under the National Accreditation Board for Hospital
8. Right to choose
alternative treatment options if available.
Doctors and the hospital are responsible for handing over
all record documents and other relevant information should you choose to
approach a different doctor. So if any medical test is being done the patient
has the right to access his/ her Medical report and the authority is bound to
provide the same to the patient.
10. Right to transparency in rates, and care according to prescribed rates wherever relevant.
Patients have the right to get medicines, devices and
implants at rates decided by the National Pharmaceutical Pricing Authority
(NPPA) and other relevant authorities.
11. Right to choose the source for obtaining medicines or tests.
It includes getting an investigation procedure (like a blood
test,Covid Test HIV for example) from any diagnostic centre or laboratory
registered under the National Accreditation Board for Laboratories (NABL).
12. Right to proper referral and transfer, which is free from perverse commercial influences.
13. Right to protection for patients involved in clinical trials.
Here is
a list of things that a patient needs to be informed about
– Major facts about their condition
– Healthy living practices
– Their rights and responsibilities
– Health insurance schemes relevant to them
– Relevant entitlements (for charitable hospitals)
– How to seek redressal of grievances
17. Right to be heard and seek redressal.
In an emergency situation, you can avail medical care in any government or private hospital. Under Article 21 of the Constitution, which ensures that every person has the right to life and personal liberty, you have the right to prompt emergency care by doctors without compromise on quality or safety. an emergency situation, you can avail medical care in any government or private hospital. Under Article 21 of the Constitution, which ensures that every person has the right to life and personal liberty, you have the right to prompt emergency care by doctors without compromise on quality or safety.
2.https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints
(how to file an online complaint)
CENTRAL INFORMATION
COMMISSION
(Ms.Nisha Priya Bhatia Vs. Institute of
HB&AS, GNCTD)
Ratio: The Patient has a right to
his/her medical record and
Respondent Hospital Authorities have a
duty to provide the same
under Right to Information Act, 2005,
Consumer Protection Act,
1986, The Medical Council Act and
world medical ethics.
The Commission recommends Public
Authority to develop a time frame
Mechanism of disclosure of medical
records to patients or their Relatives with safeguards for privacy and
confidentiality of the Patient.
Other
Case Laws
In a landmark judgment in Indian
Medical Association Vs. V.P Shantha [1995(6) SCALE
Hon’ble Supreme Court of India has
stated that “Service” rendered by MedicalPractitioner were covered under
Consumer Protection Act
There are several
decisions by the High Courts and Consumer Commissions establishing the right of
patient to information and duty of the Hospitals to provide the same.
In Kanaiyalal Ramanlal Trivedi v
Dr. Satyanarayan Vishwakarma 1996; 3 CPR24 (Guj); I (1997) CPJ 332 (Guj);
1998 CCJ 690 (Guj), the hospital and doctor were held guilty of deficiency in
service as case records were not produced before the court to refute the
allegation of a lack of standard care.If hospital takes up a plea of record
destroyed, it was held that it could be a case of negligence.
In S.A.Quereshi v Padode memorial Hospital and Research Centre II2000. CPJ 463 (Bhopal) it was held that the plea of destroying the case sheet as per the general practice of the hospitals appeared to the court as an attempt to suppress certain facts that are likely to be revealed from the case sheet. The opposite party was found negligent as he should have retained the case records until the disposal of the complaint.Explaining the consequences of denial of medical record, it was held that an adverse inference could be drawn from that.
In Raghunath Raheja v Maharashtra
Medical Council, AIR 1996 Bom 198,
Bombay High Court upheld the right of
patient to medical record very emphatically
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