The National Human Rights Commission (“NHRC”) has recently adopted the Charter of Patient’s Rights (“Charter”), with the objective of incorporating it along with the other existing legislations into a single policy. This policy will act as a guidance document for the Union and State Governments to articulate concrete mechanisms in order to give adequate protection to a Patient’s Rights.
Key Highlights of the Charter
Few duties of health care providers as per the Charter of Patient’s rights are as follows:
i) Right to information – The treating physician has a duty to ensure that relevant information about the nature, cause of illness, provisional / confirmed diagnosis, proposed investigations and management, and possible complications is provided in simple and intelligible language to the patient.
ii) Right to records and reports – The hospital management has a duty to provide originals / copies of case papers, indoor patient records, and investigation reports (during period of admission, preferably within 24 hours and after discharge, within 72 hours) and to instruct the hospital staff to ensure the same is strictly followed.
iii) Right to Emergency Medical Care – It is the duty of the hospital management to provide basic Emergency Medical Care, without demanding payment / advance and basic care should be provided to the patient irrespective of paying capacity.
iv) Right to confidentiality, human dignity and privacy – It is the duty of the hospital management to ensure presence of female attendants in case of female patients. The hospital management has a must also ensure that all data concerning the patient should be kept under secured safe custody and insulated from data theft and leakage.
v) Right to transparency in rates, and care according to prescribed rates wherever relevant – Every hospital and clinical establishment has a duty to ensure that essential medicines under National List of Essential Medicines as per Government of India and World Health Organisation, devices, implants and services are provided to patients at rates that are not higher than the prescribed rates or the maximum retail price marked on the packaging.
vi) Right to safety and quality care according to standards – The hospital management and treating doctors have to provide quality health care in accordance with current standards of care and standard treatment guidelines and to avoid medical negligence or deficiency in service.
vii) Right to choose source for obtaining medicines or tests – It is the duty of hospital management to inform the patient and his/her caregivers that they are free to access prescribed medicines from the pharmacy / diagnostic centre of their choice. The decision by the patient to access pharmacy / diagnostic centre of their choice must not in any way adversely influence the care being provided by the hospital.
Once the Patients’ Rights Charter has been adopted by the Govt. of India, State Governments and the Administration of the Union Territories, they should ensure that all types of Clinical Establishments (both therapeutic and diagnostic) display this Charter prominently within their premises and orient all their staff and consultants regarding the Charter as well as observe the Charter of Patients’ Rights irrespective of whether such clinical establishment is owned, controlled or managed by –
i) the Government or a department of the Government;
ii) a trust, whether public or private;
iii) a corporation (including a society) registered under a Central, Provincial or State Act, whether or not owned by the Government;
iv) a privately owned enterprise;
v) a local authority.
Further, NHRC has recommended the Government of India, all State Governments and administration of Union Territories to set up a grievance redressal mechanism for patients, as a component of their existing or emerging regulatory frameworks for clinical establishments, by making required modifications in rules, regulations and acts where required.
Source: National Human Rights Commission
