Rights of International Patients in detail:
It is the intrinsic right of each patient to know in full about the nature and cause of their illness. Doctors have a moral obligation and legal obligation to inform patients about the provisional and confirmed diagnosis, the medical investigations into their illness, its management and possible complications. All such information is to be conveyed in an easily understandable way in the patient’s own language.
A Supreme Court ruling states unambiguously that all hospitals in the government and private sectors are bound to provide basic emergency medical care to patients brought into the outpatient section or the emergency section following an accident, trauma, or sudden illness with grave symptoms.
It is the right of each patient that their consent be sought either verbally or in writing prior to any test or treatment that has potential risks, or for surgical procedures, or for chemotherapy. The hospital management is bound to ensure that all doctors inform patients about the investigation, surgery, line of treatment, or chemotherapy and disclose full risks, and seek consent through consent forms following laid down protocols.
Hospitals, or doctors, are duty-bound to give patients or their caregivers full information about rates they charge for each service, and for facilities, as well as taxes and other incidentals. They are also bound to provide an itemized bill for payment.
Patients or their caregivers have full rights to choose alternative treatment or health management options when and where available after due consideration of current and ongoing treatments. Patients or caregivers have full right to choose such alternatives based on their accepting full liability for the risks and consequences of such alternative treatment. Should a patient choose to leave a medical facility against the opinion of their medical experts, it is on their responsibility as to the consequences, but with the proviso that such a decision will not impinge various rights under this chapter.
Each participant in a clinical trial, whether it is a patient or a fully health person, has full rights to protection and the assurance that such clinical trials will be conducted to be fully compliant with protocols and Good Clinical Practice Guidelines issued by Central Drugs Standard Control Organization, the Directorate General of Health Services, Government of India, as well as all applicable statutory requirements and provisions of the Amended Drugs and Cosmetics Act, 1940, and Rules, 1945, including compliance with the provisions pertaining to patients’ rights.
- a) Participation in clinical trials must always proceed only after obtaining the person’s informed consent and after giving full disclosure of relevant information. The patients have a right to the signed consent form detailing records containing basic information about the trial, which form can be a form of documentary proof evidencing participation in the clinical trial.
- b) Those conducting clinical trials are bound to respect the participant’s right to agree to or refuse to participate in a clinical trial and such refusal should not be a ground for refusing ongoing routine care if it is in place.
- c) The patients have a right to receive and to demand the name of the drug or procedure that will be used on them for the trials, as well as information containing date, dose, and duration or administration in writing.
- d) Patients have full rights to privacy as a trial participant and any personal or clinical information obtained must be kept strictly confidential.
- e) Those who suffer adverse effects as a result of participation in clinical trials are entitled to free medical management of adverse events, regardless of the connection to the trails, and such treatment to continue for long as required or until such time as it is proved that the adverse effect is not related to the trials. Besides, those who conduct such trials are bound to provide financial or any other assistance to compensate the trial participant for temporary or long term or life-time impairment or disability. In case the participant dies during the trials, their dependents have full rights to claim and to receive appropriate compensation.
- f) Those who participate in clinical trials have full rights to receive ancillary care by way of medical treatment or hospitalization or reference to facilities for non-study or trial related illness during the period the trial is in progress.
- g) In the foregoing instance mentioned in (f), it is the duty of those who conduct clinical trails to ensure full medical insurance coverage that includes trial related or unrelated illness or harm, and award of compensation as may be decided to be fit by the Ethics Committee.
- h) Those who have taken part in clinical trials have full right to access the best treatment method proven by the clinical study.
Each and every participant who chooses to be part of biomedical research shall be termed as a research participant and all such research participants have full rights to protection in this context. Any and all such research should be carried out under the guidelines of the National Ethical Guidelines for Biomedical and Health Research Involving Human Participants 2017 as laid down by the Indian Council for Medical Research. It is obligatory to seek prior approval of the Ethics Committee before conducting research. Patients should be given full disclosure, and their informed consent taken in writing prior to start of research studies. Where vulnerable population is involved, then additional safeguard measures should be implemented in the research program. Those participating in research has full right to dignity, privacy, and confidentiality, whether such participants are individuals or a community. Should a research participant suffer direct physical, psychological, social, legal or economic damage due to such participation, they are full entitled to financial or other assistance as compensation for temporary or long term or permanent impairment or disability after due assessment by a qualified professional. It is also the duty of those conducting such research to make accessible the benefits of the research to participating individuals, communities and populations as may be relevant.
1) National Ethical Guidelines for Biomedical and Health Research Involving Human Participants, Indian Council of Medical Research, New Delhi, 2017
2) World Medical Assembly Declaration of Helsinki: Ethical Principles for Medical Research Involving Human Subjects available at www.wma.net/en/30publications/10policies/b3/17c.pdf
3) Drugs & Cosmetic Act, Rules 2016 on Clinical Trails
Patients have full rights to learn fully all facts relevant to their medical condition and to healthy living practices, their rights, as well as their responsibilities, officially supported health insurance schemes, relevant entitlements from charitable hospitals, and detailed information about seeking redressal of grievances in their native language. The hospital management, administration, and staff are duty bound to provide all such services to each patient in a language and terms that the patient can understand, and communicate in a simple way.
1) The Consumer Protection Act, 1986
2) Standards for Hospital level 1 by National Clinical Establishments Council set up as per Clinical Establishment Act 2010
While they have rights, patients and caregivers also have responsibilities to ensure hospitals and doctors are able to discharge duties efficiently. Some of these are:
- It is the duty of patients and caregivers to provide all health related information and to respond correctly to queries of the doctor. They should not conceal relevant information that could adversely impact diagnosis and treatment.
- Patients and caregivers must cooperate with doctors during examination, diagnostics, and treatment, and must rigorously follow the doctor’s advice pertaining to medication, precautions, and other matters within the ambit of treatment. At the same time, patients have full rights to take part in decision-making relevant to the treatment.
- Patients and caregivers are fully responsible to ensure they follow instructions as regards appointment time, and they must cooperate with the hospital staff. Patients must not create a disturbance that would affect doctors, staff, or other patients, and should ensure they follow hygiene rules.
- Patients are responsible to ensure dignity of the doctor and hospital staff, and interact with them as human beings and professionals. Patients and caregivers must never resort to verbal abuse, physical intimidation or violence either against the doctors, hospital staff, or hospital property.
- Patients are fully responsible for the outcomes of their decisions as regards choice of treatment options and for refusing to take treatment or for not following it properly.
Patients, or their caregivers, are entitled to and have full rights to be in possession of case papers, investigation reports pertaining to the period of admission covering 24 hours, and the period of 72 hours after discharge. Patients may be given these reports and records on payment of appropriate fees for photocopying. In the alternative, patients should be permitted to photocopy all these records at their own cost.
Patients have full rights to privacy and confidentiality, especially as regards their medical and health condition, and the treatment plan, either proposed or initiated. Doctors are bound to respect this right with exemptions in specific instances such as informing relatives or family members, protecting other people, or public health considerations like spread of infection.
1) MCI Code of Ethics sections 2.2, 7.14 and 7.17.7 human dignity and privacy.
2) Annexure 8 of standards for Hospital level 1 by National Clinical Establishments Council set up as per Clinical Establishment Act 2010.
Each patient has full rights to seek a second opinion from a doctor or specialist of their choosing, and hospital management is duty bound to provide all relevant patient records to the patient so that they may obtain a second opinion from another doctor. Hospitals should provide these documents without extra cost or any delays.
All patients are entitled to, and have full rights to receive full medical treatment without any discrimination as regards caste, gender, social status, age, sexual orientation, nationality, or socio-ethnic origins. They have full rights to be treated regardless of their illness or health conditions, including contagious conditions such as HIV or viral or bacterial infections.
Patients have full rights to demand safety and security within hospital premises. They have full rights to receive the right care and treatment in a safe and hygienic environment meeting the highest norms of cleanliness, infection control, safe drinking water to BIS/FSSAI standards, and sanitation facilities. It is the hospital management’s duty to ensure not only physical safety, but also health safety according to standard guidelines laid down by the National Accreditation Board for Hospitals (NABH), or Joint Commission International (JCI).
Patients or their caregivers have full rights to choose from where to buy medication, or where to undergo tests following a doctor or hospital’s prescription at any registered diagnostic center or lab staffed with qualified personnel and accredited with the National Accreditation Board for Laboratories (NABL).
Patients have full rights to continuity of care and to be registered at the first healthcare facility where they choose to undergo treatment, and at any subsequent facilities. When they transfer from one facility to another, the patients and their caregivers have full rights to a complete explanation of such transfers and justification. The receiving facility must full concur to such transfer and confirm it will ensure continuity of treatment.
1) Medical Council of India code of ethics section 3.6
2) World Health Organization –Referral Notes
3) Various IPHS documents.
Patients have full rights to take discharge from a hospital or medical facility, and such hospitals or facilities can, under no circumstance refuse to discharge patients on procedural grounds such as non-payment of hospital charges. In the same fashion, should a caretaker demand that the dead body of the patient they have been handling and who was undergoing treatment in the hospital, be handed over by the hospital authorities, then the hospital authorities cannot refuse or delay such hand-over on procedural grounds, including non-payment or dispute or amount to be paid, which the caretakers do not agree to or have a dispute with. Hospitals cannot, under any circumstances whatsoever, wrongfully confine a patient seeking discharge or wrongfully refuse to hand over the dead body of a patient who was undergoing treatment in this facility.
1) Prohibition of wrongful confinement under Sec. 340-342 of IPC.
Statements of Mumbai High Court.
2) Consumer Protection Act 1986
Patients, and/or their caregivers, have full right to make comments, make complaints, or give feedback on health care being provided to them, on the hospital, and on personnel who were tasked with treating them. Patients and caregivers must be given information and advice on how to give feedback or lodge a complaint in a simple way. Further, patients and caregivers are fully entitled to seek redressal if they are aggrieved due to infringement of any of their rights detailed in this charter. They may lodge a complaint with a designated official, and may also lodge further complaints with the official mechanism constituted by the Government, such as the Patients’ Rights Tribunal Forum, Clinical Establishments, or Regulatory Authority, as may be fit and proper. All such complaints must be registered and given a registration umber. There should be in place a robust tracking mechanism and a tracing mechanism to keep updated progress in the matter.
1) The Consumer Protection Act, 1986
2) NHS - Charter of Patient Rights and Responsibilities