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LATEST NEWS UPDATES | Easy Guide to Make Patients Aware of Their Rights -Richa Chintan

Easy Guide to Make Patients Aware of Their Rights -Richa Chintan

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published Published on Oct 20, 2021   modified Modified on Oct 20, 2021

-Newsclick.in

The book is a useful resource for patients, caregivers, activists and medical professionals in ensuring that patients’ rights are established and enforced as human rights.

The right to health is not justiciable in India though the Supreme Court has interpreted it to be a part of Article 21 (protection of life and personal liberty). 

The apex court’s judgements and the legal provisions in Drugs and Cosmetic Act, 1940, Consumer Protection Act 1986,  Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, and the Clinical Establishment Act, 2010, have helped establish the case of looking at the rights of patients as part of human rights. Drawing upon these judgements and the provisions, the National Human Rights Commission (NHRC) drafted and adopted the Charter of Patient’s Rights. 

With increasing cases of irrational and unethical treatment, gross overcharging by hospitals and other violations of patients’ rights, the book Patients’ Rights in India, written by Dr Mohamed Khader Meeran, has come in quite timely. 

The book,  a compendium on patients’ rights, is a ready reckoner which will make them and activists aware of their legal rights. In the words of the author: “This book has been written with an intention to educate every common citizen about the legal rights they have while visiting any hospital for seeking medical care.”

For instance, as per the Charter, the patient has every right to know the expected cost of his/her treatment and the hospital administration should provide written information about the charges and the expected cost of treatment, including any additional charges that may be levied. Patients also have the right to raise queries and seek clarification from the hospital administration and get defects/doubts in billing (if any) corrected/cleared. However, in most cases, hospitals don’t provide such information, leading to overcharging from patients without their knowledge. 

In many cases, doctors perform without informing the patient/caregiver. For example, there have several cases of insertion of intrauterine devices into women without their knowledge, let alone consent. But ‘Patient’s Right to Consent for Examination and Surgery’, envisaged in the Charter, desists medical professionals from any such practice.

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Newsclick.in, 20 October, 2021, https://www.newsclick.in/easy-guide-make-patients-aware-their-rights?fbclid=IwAR2dSS81a7krm_m3yEypXPgIVGSxB9MX_1f20qzQYJC1RTBpRjPxaBW1GPo


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