PATIENT RIGHTS&

CONSUMER

PROTECTION ACT MS.SANDHYA.M,

.

PATIENT

RIGHTS

MEANING OF PATIENT’S BILL OF RIGHTS:

The Consumer bill of rights & responsibilities

that was Adopted by the US advisory

commission on Consumer protection and

quality in the health care industry in 1998

known as Patient’s bill of rights.

DEFINITION OF PATIENT’S BILL OF RIGHTS:

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’S BILL OF 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 BILL OF 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.

BASIC PATIENT RIGHTS cont’d

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.

BASIC PATIENT RIGHTS cont’d

Consultation and communication.

Complain or compliment without the fear

of retailation or compromise of access or

quality of care.

8 KEY AREAS OF PATIENT’S BILL OF 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

Complaints and appeals

Consumer responsibilities

PATIENT’S BILL OF RIGHTS

PRECAUTIONS TO BE TAKEN 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.

PRECAUTIONS – cont’d

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.

PRECAUTIONS – cont’d

In case of any substandard drug, preserve

the drug packages with Labels and the

complaint have to be lodged with the

local FDA.

If patient complaint remains unresolved,

they can write their grievance giving all

details in a sequential format and it can

be submitted to consumer court.

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.

RESPONSIBILITIES – Cont’d 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.

CONSUMER

PROTECTION ACT

(COPRA)

CONSUMER PROTECTION ACT

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.

- Section 2 (i)

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 COPRA:

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.

COPRA & MEDICAL NEGLIGENCE:

The district consumer redressal forum can

compensate claims less than Rs. 5 lakhs.

The claims between 5 lakhs and 20 lakhs

may be taken to State consumer forum.

The claims above 20 lakhs may be taken

to national consumer forum

SALIENT POINTS OF COPRA:

The service rendered by a medical practitioner or hospital by way of consultation, diagnosis and treatment falls within the purview of this act.

The service rendered to person, whose charges are borne by an insurance company or employer as part of the conditions of service falls within this act.

Service rendered where no charge whatever is made from an person availing the services and all patients are given free service, is outside the purview of the act.

GRANT OF RELIEFS UNDER CPA

To replace the goods with new goods of

similar description which shall free from

any defect.

To return to the complainant the price.

To remove the defect

GRANT OF RELIEFS- cont’d

To pay such amount as may be awarded as compensation to the consumer for the loss of injury suffered by the consumer.

To discontinue the unfair trade practice or not to repeat them.

To cease and desist manufacture of hazardous goods.

To issue corrective advertisement for neutralizing effect of misleading advertisement

GRANT OF RELIEFS- cont’d

Not to use hazardous goods for sale.

To provide for adequate costs to parties.

To withdraw the hazardous goods from

being offered for sale

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 or administration, 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.

Arguments against CPA-cont’d The doctors 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.

Many unnecessary tests will be done as abundant precaution.

No treatment is absolutely safe.

There are only non-professional people in the forum/ commission: they Cannot appreciate the complex issues in medical care

Arguments against CPA-cont’d

Only the president of the forum/

commission has a legal/ judicial

background: in case of opinion, the

opinion of the majority will prevail.

Irreparable damage will be done to the

reputation of the doctor, even if the

complaint is dismissed.

Doctors will have to spend time defending

themselves

ARGUMENTS FOR CPA:

Doctors are accountable for their actions.

Doctors are not above law.

Speedy justice does not mean a summary trial. The procedures followed in civil courts are applicable to consumer forums.

Medical councils cannot give compensation.

Malpractice suits are decided by civil courts.

The composition of the forum/ commission is such the decisions will be made on the basis of law, reasonableness, fairness and good faith.

SOME SUGGESTIONS FOR

CPA:

The court should have the power to

examine a complainant on oath before

issuing a notice to the defendant.

Consumer courts should be able to grant

compensation to the Defendants, if the

court finds the complaint to be baseless.

A screening committee which has a senior

medical person as member of the

consumer court should screen all

complaints.

RESPONSIBILITIES OF

DOCTORS/HEALTH INSTITUTION:

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.

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.

RESPONSIBILITIES- cont’d

Inform the patient of the proposed procedure

and the possible outcomes and the other

alternatives.

Give maximum possible care.

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.

CONCLUSION:

THEORY APPLICATION:

ASSIGNMENT:

BIBLIOGRAPHY:

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