PATIENT RIGHTS& CONSUMER PROTECTION ACT

PATIENT RIGHTS

INTRODUCTION

The basic rights of human beings for independence of expression, decision, and action, and concern for
personal dignity and human relationships are always of great importance. During sickness, however, the
presence or absence of these rights becomes a vital, deciding factor in survival and recovery. Thus, it
becomes a prime responsibility for hospitals to endeavor to assure that these rights are preserved for their
patients.

DEFINITION 
Patient’s rights are policies and rules that must be preserved and protected by the Health facility toward
patients and their families.

Patient rights encompass legal and ethical issues in the provider- patient relationship, including a person’s
right to privacy, the right to quality medical care without prejudicies, the right to make informed decisions
about care and treatment options, and to right to refuse treatment.
- US ADVISORY COMMISSION (1998)

PURPOSES OF PATIENT’RIGHTS 
 Ensure the ethical treatment of persons receiving medical or other professional health care services.
 Persons in all settings are entitled to receive ethical treatment.

GOALS OF PATIENT’S RIGHTS 

 To help patients feel more confident in the health care system.

 To stress the importance of a strong relationship between patients and their health care providers.
 To stress the key role of patients play in staying healthy by laying out rights and responsibilities for all
patients and health care providers.

ORIGIN OF PATIENT RIGHTS

BASIC PATIENT RIGHTS:

 Participate in the development and implementation of care.
 Be treated with respect and dignity.
 Be informed about condition, treatment options, and the possible results and side effects of treatment.
 Refuse treatment in accordance with the law, and receive information about the refusal of treatment.
 Quality health care without discrimination because of race, creed, gender, religion or source of payment.
 Privacy and confidentiality, which includes access to medical records upon request.
 Personal safety.
 Know the identity of the person treating the patient.
 Informed consent for all procedures. Information, including the medical records by the patient or by the
patient’s legally authorized representative and hospital charges.
 Consultation and communication.
 Complain or compliment without the fear of retailation or compromise of access or quality of care.
BILLS OF PATIENT RIGHTS

1- Information
2- Respect & Dignity
3- Choice & Participation
4- Confidentiality
5- Access to Care
6- Safety & Security
7- Appeals & Complaints

KEY AREAS OF PATIENT’S RIGHTS:

 Information of patients.
 Choice of providers and plans.
 Access to emergency services.
 Taking part in treatment decisions.
 Respect and Non-discrimination .
 Confidentiality of health information.
 Consumer responsibilities.

 PRECAUTIONS TO BETAKEN BY THE PATIENT TO PROTECT THEIR RIGHTS:

 Incase of surgical treatment or invasive procedures and investigations,the details are understood by the
patient before they sign in the consent form.
 At the time of discharge, make sure that they have been given copies of all the relevant records.
 At the time of discharge, make sure that they have received the bills for all the payments made by them.
 They have the right to get details of drugs administered to them.
 Have the right to ask for a second opinion.
 They should request the doctor in case of any clarification of doubts regarding treatment.
 Make sure that the patient has been given all the instructions for the medicines prescribed.
 The patient should always preserve all the bills of the purchase of every medicines.

RESPONSIBILITIES OF PATIENTS

 Faithfullness of agreed therapy.

 Follow the doctors instructions carefully.
 Take necessary preventive measures in case of infectious diseases.
 Make the payment of the treatment, wherever applicable, to the doctors, hospital promptly.
 Respect the autonomy of the doctors and nurses.
 Treat doctors and nurses with respect.
 Be punctual to attend the clinics / hospital/ dispensary for the treatment at the given time.
 Preserve all the record’s of one’s illness.
 Keep the doctor informed if the patient wants to change the doctor.
RESPONSIBILITIES OF NURSES

 Accept a patient only if the management of the patient is within the skill and competence.
 Have genuine concern for the patient.
 Create an atmosphere of trust and friendship with the patient and the family .
 Inform the patient of the proposed procedure and the possible outcomes and the other alternatives.
 Give maximum possible care.
 Be available till your services are no longer required.
 Update your knowledge, skills and attitudes through continuing education programmes.
 If a second opinion is needed, facilitate it.
 Be available till your services are no longer required.
 Update your knowledge, skills and attitudes through continuing education programmes.


CONSUMER PROTECTION ACT 

It is a act to provide better protection of the interests of the consumers and for that purpose to make provisions
for establishment of consumer councils and other authorities for the settlement of consumers dispute and for
matters connected there with.

DEFINITION OF CONSUMER
Consumer means any person who hires or avails of any services for a consideration which has been paid or
promised or under any system of deferred payment.

ORIGIN OF CONSUMER PROTECTION ACT

Consumer protection act popularly called COPRA was enacted By Parliament in December 1986 and came into
force on 1st April, 1987.

AIMS OF CPA
 This Act aims to provide better protection to the interests of the consumers.
 To make provisions for the establishment of consumer councils and other authorities to provide speedy and
cheap remedy to the consumers.
 It safeguards the rights of consumers.
 To provide a simple, speedy and inexpensive redressal for consumer grievances relating to detective
goods, deficient services and unfair trade practices.
 To bring medical services under the perview of the act.

PATIENT RIGHTS UNDER THE CONSUMER PROTECTION ACT:

 Right to be protected from hazardous goods and services.
 Right to be informed about the quality and performance of goods and services.
 Right to free from choice of goods and services.
 Right to be heard in decision making process concerning consumer interests.
 Right to be redressal if consumer rights are infringed.
 Right to consumer education.
Conditions of CPA Penalties
Where the defendant or the complainant fails to comply, then it may be punishable with imprisonment for a
term which is not be less than one month but which may extend to three years, or with fine which is not be less
than Rs 2,000 but which may extend to Rs 10,000 or with both.

FORUMS OF CONSUMER PROTECTION ACT: 

 District forum.
 State commission.
 National commission.

DISTRICT FORUM: A person who is or has been qualified to be a District judge (President) Two persons
known for ability, integrity and knowledge of economics, law, commerce, accounting, industry
oradministration, one of whom shall be a woman.The forum can encertain complaints where the compensation
claimed does not exceed Rupees five lakhs.

THE STATE COMMISSION: The state commission has three persons:A person who is or has been a judge of
the high court - President. Two persons known for ability, integrity and knowledge of economics, law,
commerce, accounting, industry or administration, one of whom shall be a woman.The commission entertains
complaints where the compensation claimed is more than five lakhs rupees and less than twenty lakhs and also
appeals against the orders of the district forum in the state.


NATIONAL COMMISSION: 
The national commission has five members.
A person who is or has been a judge of the supreme court - President.
Four persons known for ability, integrity and knowledge of economics,law,commerce, accounting, industry or
administration,one of whom shall be a woman.

CONSUMER PROTECTION COUNCILS: 

The minister in charge of the food and civil supplies of Govt of India.Official and non-official members
representing such interests as may be prescribed by the Government of India.

MEDICAL PROFESSION’S VIEWS ABOUT CPA

Arguments against CPA

 Medical services cannot be compared to defective household appliances.

 Medical services are personal in nature and not the type offered by manufacturers of consumer products.
 The state medical Councils are the proper authorities to hear complaints of nature.
 Inclusion of doctors under the Act would encourage frivolous complaints, as no fees are charged.
 The Medical professional would be harassed corruption will seep in.
 The patient will ultimately be loser, doctors will not take the treatments of patients with even slightly
complicated ailments. 
 No treatment is absolutely safe.
 There are only non-professional people in the forum/ commission: they Cannot appreciate the complex
issues in medical care.
 Only the president of the forum/commission has a legal/ judicial background:incase of opinion, the opinion
of the majority will prevail. 

CONCLUSION
In providing care, hospitals have the right to expect behavior on the part of patients and their relatives and
friends, which considering the nature of their illness, is reasonable and responsible.
Consumer have the authority to be protect against marketing price fix goods and service which are harmful for
their life and property. Right to give information about the quantity, quality, purity, potency, and standard of
goods and service is come under the consumer rights.

ABSTRACT

 The right to health and well-being is a fundamental right that influences all aspects of life. The most
effective way for health care professionals to fulfill their obligations under the “right to health” approach is
to ensure that they provide the highest possible standard of care while respecting the fundamental dignity of
each patient.

 Assess the patients' awareness of their rights, the predictors of knowledge of ‘patients' rights and the degree
of adherence to these rights by the medical team from the patients' perspective.

TERMINOLOGY
 Infringed.
 Forum.
 Commission.
 Judicial.
 Frivolous.

REFERENCE:

BOOKS
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356-365
 Vati jogindra. Principle & practice of nursing management of administration.1st edition 2013.jaypee
brothers: page no:- 437-442.
 Smreeti Prakash A comparitive analysis of various legal systems regarding medical negligence: Criminal
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Doctors and Divided Judiciary!", IIJFMT (4) 2004.
 N.Satyanarayana, G. Vijaya Kumar, "Consumer Protection Act and the Medical Profession", IndMedica,
2006.
 Talha Abdul Rahman, "Medical negligence and doctors' liability", Indian Journal of Medical Ethics, April-
June, 2005

JOURNALS:
 Buetow S The scope for the involvement of patients in their consultations with health professionals: rights,
responsibilities and preferences of patients ,Journal of Medical Ethics 1998;24:243-247.
 Richardson LD. Patients' rights and professional responsibilities: the moral case for cultural competence.
The Mount Sinai Journal of Medicine, New York. 1999 Sep;66(4):267-270.
 Harland, D. The United Nations guidelines for consumer protection. Journal of Consumer Policy 10, 245–
266 (1987)
WEBSITES
 https://www.slideshare.net/mamtakujur7/rights and responsiblities of patients.
 https://www.slideshare.net/consumer protection act.
 http://www.businessdictionary.com/definition/patient rightst.html
 https://managementhelp.org/blogs/consumer protection act.