Charter of Doctor and Patient Rights

 

A “patient’s rights” charter was adopted by the National Human Rights Commission in August, 2018. This charter currently features on the website of the Ministry of Health and Family Welfare and is in the process of being finalised. While we welcome this charter whole-heartedly, as doctors, we believe that health is a two-way street. Doctors & patients are equal stake-holders when health is concerned. In a progressive society, rights and responsibilities of all stake-holders need to be defined clearly. This maintains an equilibrium and ensures smooth and effective functioning. The Doctor-patient relationship is built on mutual trust and protecting the rights of only one stake-holder and ignoring the other will eventually lead to discord and disharmony. Doctors are human too and have rights just like all other human beings. In fact, patients and doctors have rights and responsibilities that complement each other.

Given this situation, a charter of “patient and doctor rights” has been incorporated in the book- Dear People, With Love and Care, Your Doctors. This “charter” is a better elucidation of the “patient rights charter” and will help to set the perimeter of this mutual relationship. Every right of patients is the responsibility of the doctors. Similarly, every right of doctors, in turn is the responsibility of the patients.

 

Charter

Category	Rights of Patients	Rights of Doctors
Empathy	To receive empathy from doctors & healthcare professionals.	To be treated with respect by patients & their families.
Trust	To be trusted by their doctors. To be treated without any prejudice.	To be informed about all medical details & any other information in entirety.
Information & Communication	To receive complete information about the nature & cause of illness, diagnosis, proposed investigations, management & complications.	To be informed about all the information pertaining to the patient’s symptoms, past illnesses, medications, allergies & every fact relevant for proper diagnosis & management.
Cost of Treatment	To be informed regarding the expected cost of treatment & to receive an itemised bill. To be informed duly about any additional costs that may be incurred due to any change in physical condition. To change the doctor or the hospital if the cost of treatment is not agreeable.	To be paid fairly & duly for their expertise & service. To be duly informed by the patient and their family if they are unable to afford the cost of treatment at the time of commencement of treatment.
Identity & Professional Status	To know the identity & professional status of the care-providers. To know which doctor is primarily responsible for their care.	To know the complete identity of their patient (correct name, age, address & other relevant info with due documentation).
Records & Reports	To receive copies of case papers, records, reports, and summaries within 72 hours of discharge after paying appropriate fees.	To retain copies of all past & present medical records and reports for reference & further treatment.
Emergency Medical Care	To receive basic emergency medical care in both government & private sectors irrespective of paying capacity. To be informed about the limitations of available services after emergency care.	To transfer the patient to another centre based on the patient’s condition & available infrastructure after basic emergency care.
Informed Consent	To provide informed consent only after understanding the limitations of the treatment in a language they fully comprehend.	To not proceed with test/treatment if the informed consent is not provided by the patient.
Confidentiality	To privacy & confidentiality about their illness & treatment. To safe custody of all data pertaining to their illness.	To have an attendant inside the examination room/OPD/IPD while attending to any patient. To follow due procedure when patient confidentiality conflicts with public health considerations.
Second Opinion	To receive second opinion from an appropriately qualified & competent medical practitioner of their choice.	To be duly informed when patients are seeking a second opinion.
Non-discrimination	To receive treatment without any discrimination based on illness, gender, age, religion, caste, ethnicity, HIV status, or other conditions.	To know about any illness that may have a bearing on public health considerations. To know about pre-existing infectious diseases.
Safety & Quality Care	To safety & security in hospital premises & to receive quality care as per accepted standards & guidelines.	To receive safe & secure working conditions. To withdraw services if harmed intentionally or verbally/physically assaulted. To pursue lawful recourse in case of assault.
Deficiency in Service	To seek redressal in case of alleged medical negligence or damage caused due to deficiency in service delivery.	To be considered “innocent” until proven guilty by a court of law. To be protected from media trials.
Alternative Treatment Options	To choose alternative treatment options.	To be informed if the patient wants to change or is following an alternative therapy. To withdraw treatment if alternate therapy interferes with existing treatment.
Source for Obtaining Drugs or Tests	To choose any registered pharmacy or laboratory for medicines or tests.	To get tests done in-house or at the nearest lab in emergencies. To reorder tests if not done from approved labs. To not be held responsible for the quality of medicines/tests from patient-chosen sources.
Discharge, Referral & Transfer	To timely discharge & to not be detained in the hospital on procedural grounds.	To be duly paid for services before patient discharge. To have dues cleared by relatives in case of death of the patient.
To Be Heard & Seeking Redressal	To give honest feedback, make comments, or lodge complaints about care received.	To counter complaints lawfully & provide justification. To pursue legal recourse if a complaint is frivolous or defamatory.

 

Authors: Dr Aparna Govil Bhasker & Dr Debraj Shome

With critical inputs from Dr Lalit Kapoor- Founder Member – Association of Medical Consultants, President FAMC

Endorsed by Dr. Vipn Checker- Past President Association of Medical Consultants (AMC)- 2018-19.

 

 

 

 

 

 

 

Dr. Vipin Checker

March 27, 2019