PATIENT RIGHTS

A patient is a person. Every person, whether well or ill, has the right to be treated with human
dignity. A patient is a person with a unique problem. A patient is a person who is suffering and
needs help. It is necessary to recognise his/her rights. These rights are equal to those of anyone
else in health. Patient rights refer to the fundamental principles and standards that ensure
patients receive respectful, dignified, and high-quality care, emphasizing autonomy, dignity,
and well-being. Patients have inherent rights that healthcare providers must respect and uphold.
These rights include informed consent, confidentiality, privacy, and freedom from abuse or
neglect. Patients have the right to access their medical records, participate in care decisions,
and refuse treatment. They also have the right to respectful and compassionate care, cultural
and spiritual accommodations, and a safe environment. Furthermore, patients have the right to
complain or appeal if their rights are violated. By recognizing and protecting patient rights,
healthcare providers promote patient-centered care, trust, and optimal health outcomes.

Patient rights play a vital role in ensuring that individuals receive respectful, dignified, and
high-quality care. By recognizing and protecting these rights, healthcare providers promote
patient autonomy, empowerment, and self-determination, fostering a trusting relationship
between patients and caregivers. Patient rights safeguard against abuse, neglect, and
exploitation, ensuring patients' physical and emotional well-being. Moreover, they facilitate
informed decision-making, enabling patients to make educated choices about their treatment.
By prioritizing patient rights, healthcare providers enhance patient satisfaction, outcomes, and
safety, while reducing medical errors, complaints, and litigation. Furthermore, patient rights
promote accountability, transparency, and ethical healthcare practice, upholding human rights
and social justice. By embracing patient rights, healthcare systems demonstrate their
commitment to delivering patient-centered care, ultimately improving the overall healthcare
experience.

KEY ELEMENTS OF PATIENT RIGHTS

Patients have the right to respectful and dignified care, ensuring their autonomy, dignity, and
well-being are prioritized. This includes the right to informed consent, allowing them to make
educated decisions about their treatment. Patients also have the right to confidentiality and
privacy, protecting their personal and medical information. Additionally, they have the right to
access their medical records and receive clear, accurate, and timely information about their
diagnosis, treatment options, and prognosis. Patients have the right to refuse treatment or
participate in research studies, and they must be free from abuse, neglect, or exploitation.
Furthermore, patients have the right to complain or appeal regarding their care, and healthcare
providers must ensure a fair and efficient process for addressing concerns. Other essential
patient rights include access to emergency care, continuity of care, and the ability to participate
in care decisions.

Every individual, regardless of their health status, deserves to be treated with dignity and
respect. Patients, in particular, require acknowledgment of their unique struggles and needs.
Recognizing patient rights is crucial, as they are entitled to the same dignity as anyone else in
the healthcare system. As the ancient physician Maimonides prayed, "May I see in the patient
only a fellow creature in pain." Healthcare is a fundamental necessity, and patients have the
right to seek help. The Jewish tradition emphasizes the physician's duty to respond to patients'
calls for help, considering it a moral obligation to assist fellow humans. Similarly, other
traditions and practices emphasize the importance of both physicians' responsibility to provide
care and patients' responsibility to seek care. This fundamental principle underlies "A Patient's
Bill of Rights," ensuring that patients receive compassionate, respectful, and quality care.

The Medical Council of India in its recent regulations has stated: “If any request is made for
medical records either by the patients/ authorized attendant or legal authorities involved, the
same may be acknowledged and documents shall be issued within the period of 72 hours”.

PATIENT RIGHTS IN INDIA

In India, patient rights are safeguarded by a robust framework of laws and regulations,
ensuring they receive dignified, respectful, and top-notch care. The Consumer
Protection Act of 1986 is a pivotal legislation that protects patient interests, allowing
them to seek compensation for medical negligence.
There has 17 list of patient rights in India.

1. Right to information- A patient has the right to obtain authentic information regarding
their medical condition or ailment, method and options for treatment.

2. Right to records and reports- Hospital authorities have a duty to provide medical
records and reports to all patients or their caregivers.

3. Right to emergency medical care- No patient can be turned away from receiving
emergency medical care from a government or private hospital.

4. Right to informed consent- A medical professional should obtain the consent of the
patient or their caregiver, spouse or guardian (in case of a minor) in writing, before
performing an operation.

5. Right to confidentiality, privacy and dignity- All medical professionals have to

maintain the highest level of confidentiality regarding the private details of the patient.

6. Right to second opinion- A patient is free to go for a second opinion for any doctor of
his or her choice.

7. Right to transparency in rates- All costs that are levied on patients for services, tests
and treatments rendered by medical establishments have to be made available to the
public.
 8. Right to non-discrimination- Doctors and medical personnel cannot refuse treatment
to patients on the grounds of gender, sexuality, caste, religion, race, place of birth or
illnesses.

9. Right to safety and quality care according standards- It is the duty of medical
establishments to provide a safe and clean environment for treatment.

10. Right to choose alternative treatment options if available- Once a patient or their
caregiver are informed of their treatment options, they are free to choose the course
ahead. They cannot be compelled to follow a certain treatment without their will, even
if the doctor deems it necessary.

11. Right to choose source for obtaining medicines and tests- When medicines or tests
are prescribed to a patient, it is up to them to decide where they want to purchase it
from. It is guaranteed as their right as a consumer to have access to a variety of goods
or services at competitive prices.

12. Right to proper referral and transfer, which is free from perverse commercial
influence- All patients have a right to receive seamless service and quality of care being
upheld when the patient is referred to a different doctor or the patient is transferred to
a different facility.

13. Right to protection for patients involved in clinical trials- Participants of all clinical
trials in India have rights such as claiming compensation in case of trial-related injury
or death, confidentiality of personal information etc.

14. Right to protection of participants involved in biomedical and health research- The
National Ethics for Biomedical and Health Research Involving Human Participants
have to be followed to ensure rights are given to the participants.

15. Right to take discharge of patient, or body of deceased from the hospital- During
any point in the treatment, a patient is free to take discharge or leave from the hospital.
They cannot be held without their will or kept in the hospital by force. Similarly,
caretakers of a deceased patient have the right to receive their body from the hospital.

16. Right to patient education- Patients have the right to receive education about the facts
relevant to their condition and healthy living practices.

17. Right to be heard and seek redressal- If a patient or their caregiver have a grievance
against a doctor or the hospital administration regarding the quality of treatment
provided, they have a right to seek redressal for the same.

KEY LAWS PROTECTING PATIENT RIGHTS

• ⁠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

Since the 1970s, society and the legal system have worked to provide the basis for what we
now know as patients' rights. Beginning with the right to informed consent, other important
issues evolved; the right to privacy (Roe v. Wade) and the right to refuse medical treatment (In
Re Karen Quinlan) are two of the more renowned and established rights.
The Patient Self-Determination Act (PSDA) of 1990 also provided the legal means by which
patients could, by law, obtain more control over their health care, treatment, and decisions
pertaining to both. The act requires all providers who receive Medicaid funds to provide
individuals with written information regarding their rights to make decisions about their
medical care. Medical providers are also required to inform patients about their rights to
establish advance directives at the time of admission.

ISSUES WITH THE EXISTING SYSTEM

Prevalent discrimination- When it comes to seeking care, prejudice based on caste, creed,
gender, or even physical issues is well known. Discrimination in the past has included not just
incidents where medical care was inadequate or non-existent, but also cases where patients
were exploited to obtain basic check-ups. The severity, timing, and even dimensions of
incidents vary.

Lack of consent- When patients are admitted to various government hospitals, they are
required to give consent, authorizing the doctor to do any procedure he considers appropriate.
However, the legitimacy of this action is in doubt.
Indian courts currently use the approach of "true consent," which favours doctors. Western
courts, on the other hand, take a "reasonable patient" approach.

No transparency- Patients are not only overpaid for services; they are also unaware of what
they are paying for at times.

Doctor-patient ratio- This ratio is 1:834 as of 2022. However, there is no system to find out
how many doctors are really practicing in India. There is no mechanism to track them.

Poor infrastructure- According to a report, some internationally famous institutions in India

have a substandard infrastructure. However, it is not a problem that only India faces.
Geographic diversity, medical errors, and other factors affect both developing and developed
nations quality. While infrastructure restrictions have traditionally been linked to quality care,
the issue is more than just the accessibility of clinical facilities. Although they may assume
they are offering The health system's sub-party quality is due to their lack of ability or
understanding of the actual concept of quality infrastructure.

In conclusion, patient rights are the cornerstone of patient-centered care, ensuring dignity,
autonomy, and well-being. India's robust legal framework, including the Consumer Protection
Act, Indian Medical Council Regulations, NABH standards, and Clinical Establishments Act,
safeguards patients' rights and promotes accountability. Effective implementation of these laws
requires ongoing education, awareness, and advocacy. Healthcare providers must prioritize
patient rights, and patients must be empowered to exercise their rights. By striking this balance,
India's healthcare system can deliver compassionate, respectful, and high-quality care.
Ultimately, recognizing and protecting patient rights is a moral imperative and essential for
better health outcomes. As healthcare continues to evolve, prioritizing patient rights will
remain crucial, fostering a system that truly serves the needs of all individuals.

REFERENCES

1. CM Francis- Medical Ethics, 2nd [Link]

2. Dempski K. Patients’ rights and responsibilities. Essentials of Nursing Law and Ethics.
2008 Nov 20;62.
3. [Link]
4. [Link]
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