THE PATIENT AS A CONSUMER
Traditionally,
patients in India have unquestioning trust in their doctors. Most
doctors deserve it. But in some cases, medical negligence has resulted
in severe harm physical, mental and financial . In addition,
Unqualified practitioners have brought suffering to gullible patients.
Doctors have been liable to prosecution in civil court, but few
malpractice victims sue for compensation, fearing years (even decades)
of costly litigation. Fortunately, in 1995 the Supreme Court decreed
the medical profession to be a "service" under the Consumer Protection
Act, 1986.It set aside a writ Petition challenging the same by the
Indian medical Association.
WHAT IS MEDICAL NEGLIGENCE?
Medical
negligence is defined as a failure to exercise reasonable skill and
care in diagnosis and treatment as per the prevalent standards as that
particular point of time. An aggrieved patient who believes that he is
a victim of medical negligence can now approach the Consumer Courts for
fair compensation, and expect results in a relatively shorter period of
two to three years. The procedure is comparatively simple and
inexpensive.
THE PATIENT'S RIGHTS
In the interest of a healthy doctorpatient relationship, A patient should Know his rights as a consumer:
1.
You have a right to be told all the facts about your illness; to have
your medical records explained to you; and to be made aware of risks
and side effects, if any, of the treatment prescribed for you do not
hesitate to question your doctor about any of these aspects.
2.
When you are being given a physical examination, you have a right to be
handled with consideration and due regard for your modesty.
3.
You have a right to know your doctor's qualifications. If you cannot
evaluate them yourself, do not hesitate to ask someone who can.
4. You have a right to complete confidentiality regarding your illness.
5.
If you are doubtful about the treatment prescribed and especially an
operation suggested, you have a right to get a second opinion from any
specialist.
6. You have a right to be told in advance what an
operation is for and the possible risks invoved. If this is not
possible because of your being unconscious or for some other reasons,
your nearest relatives must be told before they consent to the
operation.
7. If you are to be discharged or moved to another
hospital, you have a right to be informed in advance and to make your
own choice of hospital of nursing home, in consultation with the doctor.
8. You have a right to get your case papers upon request.
A PATIENT'S PRECAUTIONS UNDERGOING OR PLANNING MEDICAL TREATMENT
1. Make sure you have told all relevant facts to the doctor before deciding any treatment.
2.
Unless it is a life threatening emergency, the final decision about the
treatment should be taken after proper deliberation and/or second
opinion.
3. Please seek clarification for all the doubts regarding diagnosis/treatment/investigation.
4. Discuss with your doctor the cost of the treatment. Please make sure the cost includes possible complications.
5. During the treatment, If you are not satisfied with any aspect and/or have doubts, seek clarification from the doctor.
6. Keep all receipts/prescriptions/reports/discharge cards safely and keep extra photo copies.
7. After treatment clarify all doubts regarding bills/payments etc before discharge.
8. Involve your family physician in the discussion with the specialist doctor.
9.
In case of a deth during the treatment, if you are not satisfied with
the cause of death, demand a post mortem examination and get copies of
the entire Indoor Case Record. This is the right of every patient/legal
heir.
10. It is necessary and correct to discuss with the
concerned doctor all the doubts before resorting to any legal action.
Many of the complications/delays/mishaps in any medical treatment can
be genuine.
11. In case you require expert medical advice
regarding the legitimacy of your complaint about medical malpractice or
deficiency in service you may approch the Association for Consumer
Action on Safety and Health (ACASH) or any similar organisation.
CPA AND MEDICAL NEGLIGENCE
The
Consumer protection Act 1986 (CPA) is a unique legislation which
provides for speedy and economical redressal in a simple manner. It has
been held in a number of cases under CPA that instances of
medical negligence are covered by CPA. Given below is a brief of the provisions under CPA.
Those
unfortunate enough to experience gross malpractice may approach (in
writing or in person) the District Consumer Disputes Redressal Forum
when the compensation claims amount to less than Rs.5 Lakhs. Claims
between Rs.5 Lakhs and Rs.20 Lakhs may be taken to the State Consumer
Dispute Commission. Claims above Rs.20 Lakhs may be placed before the
National Consumer Disputes Redressal Commission. The addresses of the
above bodies may be obtained from your local consumer organisation. All
complaints must be endored by the written opinion of two expert
specialists in the medical field.
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