The Charter of Patient Rights, developed by the National Human Rights Commission (NHRC), delineates 17 essential entitlements for patients. This document consolidates various statutory guarantees into a comprehensive list of patient rights.
The term ‘patient’ lacks a specific definition within Indian law. Nevertheless, it broadly encompasses individuals who seek medical care from healthcare providers. Both the central and state governments are obligated to furnish healthcare services and enhance public health.
Legislation Governing Patient Rights
In India, several legal frameworks address the rights of individuals seeking medical care from healthcare facilities and professionals. These include:
- The Constitution of India, 1950
- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002
- Drugs and Cosmetics Act, 1940
- Clinical Establishment (Registration and Regulation) Act, 2010
- Indian Penal Code, 1860 and Code of Criminal Procedure, 1973
These statutes assist medical professionals in maintaining appropriate standards of patient care. In the absence of specific patient rights legislation, the Ministry of Health and Family Welfare, in conjunction with the National Human Rights Commission, has introduced the Charter of Patient Rights. This document delineates the fundamental rights of patients in India, including:
Enumerated Patient Rights in India
The Charter of Patient Rights, as issued by the Ministry of Health and Family Welfare and the National Human Rights Commission, specifies 17 entitlements for patients. These include:
- Right to Information: Patients are entitled to accurate details regarding their medical condition, treatment methods, and options.
- Right to Records and Reports: Medical records and reports must be made available to patients or their designated caregivers.
- Right to Emergency Medical Care: Patients cannot be denied emergency medical treatment at any hospital, whether public or private.
- Right to Informed Consent: Prior to any surgical procedure, medical professionals must secure written consent from the patient or their legal representative (or guardian in the case of minors).
- Right to Confidentiality, Privacy, and Dignity: Medical personnel must uphold strict confidentiality concerning patient information.
- Right to a Second Opinion: Patients are entitled to seek a second opinion from any physician of their choice.
- Right to Transparency in Rates: All charges for services, tests, and treatments must be disclosed to patients.
- Right to Non-Discrimination: Medical treatment cannot be denied based on gender, sexuality, caste, religion, race, place of birth, or medical conditions.
- Right to Safety and Quality Care: Medical facilities are required to offer a secure and sanitary environment for treatment.
- Right to Alternative Treatment Options: Patients have the autonomy to select their treatment path from the options provided by their healthcare provider.
- Right to Choose Source for Medicines and Tests: Patients can decide where to procure prescribed medications and undergo tests, ensuring access to competitive pricing.
- Right to Proper Referral and Transfer: Patients are entitled to seamless care and appropriate quality during referrals or transfers between healthcare providers.
- Right to Protection in Clinical Trials: Participants in clinical trials are entitled to compensation for trial-related injuries or deaths and to the confidentiality of their personal data.
- Right to Protection in Biomedical and Health Research: Adherence to the National Ethical Guidelines for Biomedical and Health Research Involving Human Participants is mandatory to protect research participants’ rights.
- Right to Discharge: Patients may leave the hospital at any time, and caretakers of deceased patients have the right to retrieve the body.
- Right to Patient Education: Patients are entitled to receive educational information pertinent to their condition and healthy living practices.
- Right to Redressal: Patients or their caregivers can seek redressal for grievances concerning the quality of medical treatment or hospital administration.