14 Rights of Patients
1. Right to Preventive Measures
Every individual has the right to a proper service in order to prevent illness.
2. Right to Access
Every individual has the right of access to the health services that his or her health needs require. The health services must guarantee equal access to everyone, without discriminating on the basis of financial resources, place of residence, kind of illness or time of access to services.
3. Right to Information
Every individual has the right to access to all kind of information regarding their state of health, the health services and how to use them, and all that scientific research and technological innovation makes available.
4-Right to Consent
Every individual has the right of access to all information that might enable him or her to actively participate in the decisions regarding his or her health; this information is a prerequisite for any procedure and treatment, including the participation in scientific research.
5-Right to Free Choice
Each individual has the right to freely choose from among different treatment procedures and providers on the basis of adequate information.
6-Right to Privacy and Confidentiality
Every individual has the right to the confidentiality of personal information, including information regarding his or her state of health and potential diagnostic or therapeutic
procedures, as well as the protection of his or her privacy during the performance of diagnostic exams, specialist visits, and medical/surgical treatments in general.
7-Right to Respect of Patients’ Time
Each individual has the right to receive necessary treatment within a swift and predetermined period of time. This right applies at each phase of the treatment.
8-Right to the Observance of Quality Standards
Each individual has the right of access to high quality health services on the basis of the specification and observance of precise standards.
9-Right to Safety
Each individual has the right to be free from harm caused by the poor functioning of health services, medical malpractice and errors, and the right of access to health services and treatments that meet high safety standards.
10-Right to Innovation
Each individual has the right of access to innovative procedures, including diagnostic procedures, according to international standards and independently of economic or financial considerations.
11-Right to Avoid Unnecessary Suffering and Pain
Each individual has the right to avoid as much suffering and pain as possible, in each phase of his or her illness.
12-Right to Personalized Treatment
Each individual has the right to diagnostic or therapeutic programmes tailored as much as possible to his or her personal needs.
13-Right to Complain
Each individual has the right to complain whenever he or she has suffered a harm and the right to receive a response or other feedback.
14-Right to Compensation
Each individual has the right to receive sufficient compensation within a reasonably short time whenever he or she has suffered physical or moral and psychological harm caused by a health service treatment.
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Basic rights of patients —
right to access healthcare,
right to emergency care,
right to information,
right to privacy,
right to autonomy and decision making,
right to quality care and
right to seek redressal.
THE CONSUMER PROTECTION ACT ENSHRINES THE FOLLOWING RIGHTS OF CONSUMER:
Right to be protected from hazardous goods and services
Right to be informed about the quality and performance of goods and services
Rights to free choice of goods and services
Right to be heard in decision making process concerning consumer interests
Right to redressal if consumer rights are infringed
Right to consumer education
THE PATIENT AS A CONSUMER
Traditionally, patients in India have unquestioning trust in their doctors. Most doctors deserve it. But in some cases, medical negligence has resulted in severe harm physical, mental and financial . In addition, Unqualified practitioners have brought suffering to gullible patients. Doctors have been liable to prosecution in civil court, but few malpractice victims sue for compensation, fearing years (even decades) of costly litigation. Fortunately, in 1995 the Supreme Court decreed the medical profession to be a "service" under the Consumer Protection Act, 1986.It set aside a writ Petition challenging the same by the Indian medical Association.
WHAT IS MEDICAL NEGLIGENCE?
Medical negligence is defined as a failure to exercise reasonable skill and care in diagnosis and treatment as per the prevalent standards as that particular point of time. An aggrieved patient who believes that he is a victim of medical negligence can now approach the Consumer Courts for fair compensation, and expect results in a relatively shorter period of two to three years. The procedure is comparatively simple and inexpensive.
THE PATIENT'S RIGHTS
In the interest of a healthy doctorpatient relationship, A patient should Know his rights as a consumer:
1. You have a right to be told all the facts about your illness; to have your medical records explained to you; and to be made aware of risks and side effects, if any, of the treatment prescribed for you do not hesitate to question your doctor about any of these aspects.
2. When you are being given a physical examination, you have a right to be handled with consideration and due regard for your modesty.
3. You have a right to know your doctor's qualifications. If you cannot evaluate them yourself, do not hesitate to ask someone who can.
4. You have a right to complete confidentiality regarding your illness.
5. If you are doubtful about the treatment prescribed and especially an operation suggested, you have a right to get a second opinion from any specialist.
6. You have a right to be told in advance what an operation is for and the possible risks invoved. If this is not possible because of your being unconscious or for some other reasons, your nearest relatives must be told before they consent to the operation.
7. If you are to be discharged or moved to another hospital, you have a right to be informed in advance and to make your own choice of hospital of nursing home, in consultation with the doctor.
8. You have a right to get your case papers upon request.
A PATIENT'S PRECAUTIONS UNDERGOING OR PLANNING MEDICAL TREATMENT
1. Make sure you have told all relevant facts to the doctor before deciding any treatment.
2. Unless it is a life threatening emergency, the final decision about the treatment should be taken after proper deliberation and/or second opinion.
3. Please seek clarification for all the doubts regarding diagnosis/treatment/investigation.
4. Discuss with your doctor the cost of the treatment. Please make sure the cost includes possible complications.
5. During the treatment, If you are not satisfied with any aspect and/or have doubts, seek clarification from the doctor.
6. Keep all receipts/prescriptions/reports/discharge cards safely and keep extra photo copies.
7. After treatment clarify all doubts regarding bills/payments etc before discharge.
8. Involve your family physician in the discussion with the specialist doctor.
9. In case of a deth during the treatment, if you are not satisfied with the cause of death, demand a post mortem examination and get copies of the entire Indoor Case Record. This is the right of every patient/legal heir.
10. It is necessary and correct to discuss with the concerned doctor all the doubts before resorting to any legal action. Many of the complications/delays/mishaps in any medical treatment can be genuine.
11. In case you require expert medical advice regarding the legitimacy of your complaint about medical malpractice or deficiency in service you may approch the Association for Consumer Action on Safety and Health (ACASH) or any similar organisation.
CPA AND MEDICAL NEGLIGENCE
The Consumer protection Act 1986 (CPA) is a unique legislation which provides for speedy and economical redressal in a simple manner. It has been held in a number of cases under CPA that instances of medical negligence are covered by CPA. Given below is a brief of the provisions under CPA.
Those unfortunate enough to experience gross malpractice may approach (in writing or in person) the District Consumer Disputes Redressal Forum when the compensation claims amount to less than Rs.5 Lakhs. Claims between Rs.5 Lakhs and Rs.20 Lakhs may be taken to the State Consumer Dispute Commission. Claims above Rs.20 Lakhs may be placed before the National Consumer Disputes Redressal Commission. The addresses of the above bodies may be obtained from your local consumer organisation. All complaints must be endored by the written opinion of two expert specialists in the medical field.
CHECK IF YOUR COMPLAINT COVERS THE FOLLOWING POINTS
1. Name and Address of the complainant in full.
2. Name and Address of the opposite parties.
3. When and where cause of the complaint arose.
4. Particulars of the complaint in detail along with supporting documents as exhibits.
5. Relief prayed. such as replacement/removal of defect or return of price/compensation for expenses incurred & physical/mental torture, if any. While asking for claims the amount should be within reasonable limits and justifiable.
6. The entire set of papers regarding the complaint, along with exhibits, is to be given in 1+3 sets and one set each for every aditional opposite party.
INSTRUCTIONS
1. The relief claimed by you should be in clear word.
2. The complaint can be sent in Marathi,Hindi or English. If the company's office is in another State, it is better to make the complaints in English.
3. The complaint should not be on a post card.
4. Three copies of the complaint, together with all the annexures for the Forum and extra sets for each of the opponents should be filed, together with the above three copies.
5. The complaint can be sent by post.
6. Complaints of a representative nature may be filed by registered Consumer Organisations Like Consumer Guidance Society of India.
Comments by Dr George D'Souza (by email)
ReplyDeleteThis could be debated. Right to access; this would apply only to public health services. Otherwise all corporate health services will have to be closed. E.g. BMT is not provided in any public hospital in this state. Many need it. Most will not be able to afford it. That would eliminate access to most.
Quality- defined by whom. It is more important that it is along accepted standards /guidelines. Quality to some may mean AC, TV etc along with a personalized nurse. Impossible to do.