The Supreme Court in 1995 decreed the medical profession to be a "service''
under the Consumer Protection Act of 1986. These are your rights
RIGHT TO MEDICAL RECORDS
You have the right to case papers, clinical notes and diagnostic
reports, all medical records that pile up in hospitals. "All medical records
made in the course of treatment rightfully and legally belong to patients,''
Consumer Guidance Society of India convener Asha Idnani.
Patients, weary after their hospital stay, often go home with a card
confirming their discharge date. Other documents are not given unless
patients ask for them. "Surgery details or medical prescriptions are useful
to patients if they need further treatment and consult another doctor. More
importantly, when treatment goes wrong, only records can help pinpoint the
fault,'' Idnani points out.
If refused, patients can demand their records in writing and hospitals
are bound by law to produce copies within 72 hours.
RIGHT TO INFORMED CONSENT
It's your body they're treating and you have a right to decide what
treatment you get. "It is obligatory for doctors to inform patients and seek
their permission before introducing or altering treatment,'' says advocate
Apurva Agarwal. Experts urge patients and relatives not to get forced into
signing the consent form without understanding the treatment procedure.
Patients should rightfully want to know alternative treatment options or
cheaper alternatives. They also have the right to demand a second opinion.
"Most doctors explain the procedure in medical terms and patients are too
overwhelmed to probe further,'' says advocate Rajiv Thakur. But the medical
fraternity claims to have practical difficulties with this clause: patients
denying that they ever signed the informed consent form.
RIGHT TO EMERGENCY CARE
Witnessed an accident and don't want to rush the victim to the nearest
hospital for the fear of legal hassles? Don't hesitate. Hospitals have to
first treat injured person brought to their doorstep and only then can they
demand money or complete police formalities. "The Supreme Court has ruled
that all injured persons have to be first offered first aid, be stabilised
and then referred to a public hospital if they can't afford the costs,''
says Ravi Duggal of voluntary organisation Centre for Enquiry into Health
and Allied Themes.
The right to life is supreme and hospitals can't delay treatment in life
threatening situations. "Most people become vulnerable and lose their cool
in times of emergencies but they should insist that hospitals come to their
aid,'' adds Duggal.
Publication:Times Of India Mumbai; Date:Feb 15, 2006; Section:Times City;
Page Number:2
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