Patient Rights and Advocating for Yourself or a Loved One

Priyada Kochukudy 1 week ago

Medical care is a human right, yet many families and patients themselves do not understand how to make medical care work for them in India. Having an understanding of patient rights is the key to obtaining proper and ethical treatment. Additionally, learning how to take care of oneself or a family member can contribute meaningfully towards the quality of healthcare one obtains. This blog discusses patient rights in India and offers practical tips to empower one in medical facilities.

Understanding Patient Rights in India

The National Human Rights Commission (NHRC) of India and the Ministry of Health & Family Welfare (MoHFW) released a Charter of Patient Rights. It sets out fundamental patient rights. These rights are summarized below:

Key Patient Rights in India

Right	Description
Right to Information	Patients have the right to clear and complete information about their diagnosis, treatment options, and associated risks.
Right to Access Medical Records	Patients can access their medical records and receive copies of them upon request.
Right to Consent	Informed consent is mandatory before any major medical procedure.
Right to Confidentiality	Personal and medical information must remain private unless required by law.
Right to Safe and Quality Care	Healthcare providers must offer services following safety and ethical standards.
Right to Non-Discrimination	No patient should face discrimination based on caste, religion, gender, or socio-economic status.
Right to Seek a Second Opinion	Patients have the right to consult another doctor for a second opinion.
Right to Complain and Redressal	If a patient faces malpractice, negligence, or unfair treatment, they can lodge a complaint.

How toSpeakUpfor Yourself or a Loved One

1. Know About Your Rights:Before stepping into a hospital, familiarize yourself with your rights as a patient. Understanding these rights can prevent medical negligence and unnecessary procedures. Read about the Charter of Patient Rights and consult official government sources to stay updated on new policies and healthcare reforms.
2. Keep Medical Records Organized: Keepa filecontainingall medical reports, prescriptions, test results, and bills. Thiskeepstrackoftheprogressof treatmentandservesasrequireddocumentation in case of disputes.Keepingphysical and digital copies of medical recordsis also recommended. Mobile appslikeDigiLocker and ABDM Health Recordsenablepatients to store and access their medical historyeasily.
3. Ask Questions and Clarify Doubts: Never shy away from asking your doctor about:

Diagnosis and treatment options
Side effects of medication
Risks associated with surgery or medical procedure
Alternative treatment options
Time required for recovery and post-treatment care

Preparation of a list of questions beforehand will ensure that all issues are clarified during medical consultations.

4. Seek a Second Opinion When Necessary: If you aredoubtfulabout a diagnosis orrecommendedtreatment,seekthe opinion ofanother doctor.Thereare several second-opinion services available inhospitals and onlineportalsin India,suchasPracto, DocsApp, and Tata Health. A second opinion canconfirmtheaccuracyof a diagnosis andpreventunnecessary procedures or surgeries.
5. Ensure Informed Consent: Beforesurgery or experimentalprocedures, read andcomprehendthe consent form. Do not signifall yourquestionsarenot answered. Ifnecessary, take a copy of the consent form andexplainittofamily members or anotherdoctor.
6.Familiarizeyourself withthe Hospital's Grievance Redressal System: Allhospitals have a grievance redressalsystem.Incaseyouencounterproblemslikeovercharging, negligence, or mistreatment, report them to the hospital administration.Everyhospitalmusthave a Patient Grievance Redressal Officer whowilladdresscomplaints. If yourcomplaintis not resolved at the hospital level,approachthe State Medical Council or the National Medical Commission (NMC).
7.Utilize Consumer Protection Laws: In India, medical negligencecan bedealtwithunder the Consumer Protection Act, 2019. Patientshavetheoptiontoapproachconsumer courts if theyareharmedbecauseofmalpractice.

Steps to File a Medical Complaint in India

Step	Action
Step 1	Gather all medical records and evidence of negligence.
Step 2	Report the issue to the hospital’s internal grievance cell.
Step 3	If unresolved, file a complaint with the State Medical Council.
Step 4	Approach consumer courts under the Consumer Protection Act.
Step 5	If needed, escalate to the NHRC or courts.

8. Understand the Cost and Demand Transparency: Medical bills in India may be exorbitant, particularly at private hospitals. Request a detailed estimate prior to any treatment. Government hospitals and certain private hospitals are required to show rates of services publicly. Portals such as National Pharmaceutical Pricing Authority (NPPA) and MyGov Health Portal share information about prices of drugs and treatments to avoid over-charging.
9.Utilize Digital Health Portals: India has a number of e-health services where patients are able to:

Book appointments
Print teleconsultations
Check hospital ratings and reviews
Compare treatment prices
Buy medicines online

Somenotable platformsare:

Ayushman Bharat Digital Mission (ABDM) – Government initiative for storing and sharing electronic health records.
eSanjeevani – Telemedicine service offering free doctor consultations.
NHA Health ID – Assists patients in storing digital health records.
Pradhan Mantri Jan Arogya Yojana (PM-JAY) – Offers health insurance cover for economically weaker sections.

Common Challenges PatientsEncounterin India

In spite of regulatory frameworks, Indian patients frequently experience challenges like:

Limited awareness of their rights
Long waiting lines in government hospitals
Undue charges for treatment at private hospitals
Illicit medical practices (e.g., unnecessary tests and procedures)
Access denial to medical records
Inadequate availability of medical communication in rural localities
Overpopulation in public hospitals

Government Programmesfor Patient Rights

There have been many initiatives by the Indian government towards enhancing patient care, including:

Scheme	Benefit
Ayushman Bharat	Provides free health insurance for low-income families.
Jan Aushadhi Scheme	Ensures availability of affordable generic medicines.
eSanjeevani	Offers free telemedicine services.
CGHS (Central Government Health Scheme)	Provides healthcare facilities to government employees and pensioners.
PM-JAY	Covers hospitalization costs for eligible beneficiaries.

Self-advocacy or advocacy for a loved one within a healthcare facility calls for awareness, watchfulness, and perseverance. Through being aware of patient rights, keeping medical records in order, requesting pertinent questions, and utilizing grievance procedures, one can help ensure that the best care is provided. Equipping oneself with information is the initial step toward a safer and more ethical health care experience in India.

5 FAQs aboutpatient rights and advocacy in India:

1. What are thebasicpatient rights in India?
Patients in India have the right to informed consent, access to medical records, confidentiality, quality care, and the right to a second opinion. These are established by the National Human Rights Commission (NHRC) and the Consumer Protection Act, 2019.
2. HowdoIregistera complaint against medical negligence in India?
Patients can report medical negligence by initially approaching the hospital's grievance cell. If not resolved, they can further complain to the State Medical Council, consumer courts, or even the National Human Rights Commission (NHRC).
3. What are my rightswhenitcomes tobillingby hospitalsandpayment ofmedical expenses?
Patients in India are entitled to know a detailed billing before and after treatment. Private hospitals are required to give a clear cost estimate and cannot charge more than government-controlled rates.
4. Can I refuse medical treatment in India?
Yes, by the right to informed consent, Indian patients are entitled to reject treatment except if it causes public health hazards. In emergency situations, i.e., dangerous situations like threatening their lives, the doctors have a provision of action under the law.
5. How can Igetfree orlow-costhealthcare in India?
Free or subsidized treatment is available to patients under government schemes such as Ayushman Bharat (PM-JAY), CGHS, and ESI hospitals. They can also look into state-specific health programs for financial support.