The Charter of Patient’s Rights and Responsibilities
The provision of health services to patients in India is constantly evolving to provide health care in accordance with the highest quality levels, while taking care to achieve the highest standards in the field of patient satisfaction and care. This Charter has been developed to ensure the patient’s right and empowerment to support and improve the services provided to the patient.
This Charter includes all the rights enjoyed by the patient during his health service, as well as his responsibilities against the health facility. The rights in its modern concept cannot be realized, absorbed or enforced without being associated with the corresponding responsibilities that help to give effect to those rights, in a delicate balance between rights and responsibilities, which eventually have positive consequences for all in terms of the type and quality of the health services available. This Charter has been prepared in a simplified manner, reflecting the relevant legislation and how the message is easily communicated to all segments of society in order to achieve the required objectives. The patient is intended to be the person receiving the services provided by the health facility.
First: General Principles
- Everyone has the right to the protection of his health in the best possible circumstances, without distinction as to religion, sex, color, age or socio-economic status, taking into account the specificity of certain categories of patients whose health status requires priority to be pledged in accordance with the applicable legislation, such as emergencies, disabled and elderly persons, children and pregnant women.
- Health facilities shall open their doors to all visitors, within the limits of the applicable legislation.
- Health facilities shall, within their means, ensure that patients are well received, accompanied and provided with the best services, while respecting their rights and freedoms and alleviating their suffering and pain.
- Health facilities, when undertaking emergencies, are obliged to give priority to the provision of health services as required by the health status of patient, according to the scientific principles recognized in this field, provided that administrative and financial matters will be subsequently settled.
- visitors to know the places and departments of the health facility. Health facilities shall also provide the means that enable them to submit their proposals for consideration. Health Facilities shall also undertake to study and respond to their observations and complaints.
- Health facilities shall provide translation services to patients who are not able to understand the attending physician language.
- Health facilities shall take appropriate measures relating to accessibility for disabled persons and persons with reduced mobility to their premises and to the services, they provide under the best possible conditions.
- Everyone shall acknowledge the patient’s freedom to choose the health facility he/she wishes to deal with to access services, taking into account the special provisions stipulated in the various social security or health insurance systems.
- The patient shall respect his/her responsibilities with regard to the health facility and its personnel and comply with the relevant legislation.
- Health facility must deal seriously with patients’ complaints, investigate and provide a written response to the complaint’s outcome.
- Health facility shall provide the equipment and take the necessary measures to preserve the patient’s property while inside the health facility.
- Health facility shall respect the patient’s religious beliefs, cultural backgrounds and social aspects and privacy in a manner consistent with the health procedures required by his/her health status. The patient shall be entitled to treatment that ensure his/her respect during physical examination and treatment.
Second: Patients Right
- Health facility and health professionals are obliged to respect the patient’s dignity and must enable the patient to obtain a copy of the Charter, as well as access to service and health care in the choice language by providing an interpreter if required.
- Health facilities are obliged to respect the patient’s privacy and to protect the information and data in his/her health file, social status, confidentiality of correspondence, communications and amenities without inconvenience and defamation, as required by the applicable legislation.
- Health facilities and health professionals work to ensure the health protection of members of society within the respect of the basic human rights and patient safety receiving their services.
- Doctors and all health professionals are obliged to use all available means and possibilities to provide the best possible and appropriate services for the patient’s health.
- The right to health services is a basic right of all members of society, regardless of social status, within the limits stipulated by the applicable legislation.
- All patients have the right to be treated, heard and advised by a doctor in the same manner without discrimination.
- The patient has the right to know the identity of doctor, attending physicians or health team with that deals with and to know the scope of their respective work.
- Health facilities shall ensure the continuity of health service provision to patient, and the health framework is obligated to follow up on the implementation of the service initiated as long as the patient’s health status so requires.
- Health facilities shall ensure the admission of the patient who visits them to receive their services and, if unable to do so, ensure that the patient is admitted to another health facility in which the conditions and requirements for health care are met.
- Health framework takes into account the risks that may arise from prevention, treatment, detection or diagnosis activities with constant concern to achieve the required benefit of the health service provided.
- The patient has the right, if he/ she is aware and able to express his/her opinion clearly to refuse to receive the health service, taking into account the special cases stipulated by the applicable legislation.
- Health facility and its personnel shall respect the patient’s desire and not violate his/her freedom to continue receiving the health service or not, unless his/her condition constitutes a threat to him/ her or others or public health.
- The patient has the right, on his/her personal responsibility, to leave the health facility and not to initiate or follow up on the implementation of the health service specified, subject to the exceptions stipulated by the applicable legislation.
- The patient has the right to be prescribed treatment, including treatment procedures, surgical interventions, etc., and the quantities of drug, its side effects and the manner in which it is used are clearly defined. The patient has the right to know the reason for undergoing various examinations and treatments. Any action taken when providing health services is recorded in his/her health file.
- The patient has the right to know the nature and severity of his/her illness and to informed of it unless his/her interest requires otherwise, or if his/her psychological condition does not permit to be informed, in which case his/her legal representative must be informed.
- Health facility must perform the necessary laboratory tests and analyses before performing the surgery, obtain the patient’s written consent to perform the surgery, inform him/her of the possible medical effects and complications, and know the full expenses of the health services before commencing any procedures.
- The patient has the right to obtain detailed invoices in financial amounts for all services provided by the health facility.
- The patient has the right to obtain educational guidance commensurate with his/her age, level of understanding, awareness and care.
- The patient has the right to know be informed of the nature and severity of his/her illness, and expectations of any other diseases or infecting others, unless his/her interest requires otherwise, or if his/her psychological condition does not permit him/her to be informed. In this case the legal representative must be informed, and health knowledge and awareness must be provided to patients and their families to make decisions on the treatment plan and participate in the health care provided.
- The physician shall provide the patient in a simple and understandable language information related to his/her illness, the course of treatment and development of health condition, taking into account the difficulty of understanding and dialogue when dealing with certain categories of patient (children, psychiatric patients and the elderly).
It Shall be informed as follows:
- During the clinic or during a special session for the purpose.
- While staying in the health facility.
- Upon leaving the health facility, to urge him/her to continue treatment, take preventive measures and avoid complications that could disrupt health condition.
The patient has the right to be informed of the following:
- Various examinations, proposed treatments and necessary preventive services.
- The benefits and estimated cost of the proposed course of treatment in advance.
- The urgency of implementing the proposed health services to be provided.
- The expected results from the proposed health service.
- Possible alternatives to the proposed health service.
- The expected results in case of refusal the health services.
- Reasons for his/her transfer from a health facility is another.
The doctor may be exempted from providing information to the patient in emergencies, or incase the patient refuses to know such information, or when his/her interest so requires.
- The patient’s consent must be obtained, with conviction, for the health service in advance, subject to the exceptions specified by law.
- The right to consent to the health service belongs to the patient or his/her legal representative if the patient is incapacitated or restricted.
- Before carrying out a medical experiment on any person, his/her written consent must be obtained after being informed of the experiment purpose, manner and duration, in addition to the undesirable effects it may have, and in any event the conditions and controls specified in the applicable legislation must be adhered to.
- Personal health information and data are owned by the patient and protected within the scope of the preservation of the medical confidentiality, which can only be disclosed to third parties under the patient’s permission or in cases required by law.
- The doctor must inform the patient of information and data related to his/her health and not maintain medical confidentiality except in accordance with the conditions and incases stipulated in the applicable legislation.
- A family, a relative or a person who enjoys the patient’s trust appointed for this purpose may be notified, when a serious development of his/her health condition is expected, unless the patient has prevented in advance.
Third: Patients’ Responsibilities
The patient, against the above-mentioned rights, shall respect the following responsibilities:
- To respect the doctor independence to assess and determine the appropriate treatment for his/her health condition.
- To accept the methods of prevention and treatment and the prescribed means for that.
- To comply with the treatment team recommendations, to carry out the required timely examinations, and to take the drugs prescribed.
- To ensure the hygiene rules of the health facility and personal hygiene are respected.
- To comply with the requirements of the health facility internal system in which the service is provided.
- To respect the measures taken by the Department within the health facility and to comply with its applicable regulations.
- To respect the facility’s health professionals and have good morals in dealing with them.
- To preserve the health facility’s property, including buildings, equipment, etc..
- To respect the conditions of admission, residence and departure applicable to the health facility.
- To present appearance the required administrative and personal documents (documents that prove identity and any other document required by the patient undertaking procedures in the health facility).
- In the event of refusal to receive the health service or to remain in the facility and to insist on leaving it without medical consent, the patient or his/her legal representative must sign a document that proves the health service refusal or stay in the health facility in order to discharge and exempt the health facility and its legal responsibility from any consequences. In the event that the patient or his/her legal representative refuses to sign this document, an official report of the event was written signed by the facility’s doctor and administrative officer. This is recorded in the facility’s observation record.
- To pay the health facility’s dues or to present in advance a certificate of bearing the expenses provided by the social security or health insurance institution.
- The patient is obligated to comply with his/ her responsibilities towards the health facility and its employees. If the patient fails to comply with his/her responsibilities and exceeds the rules and controls specified under the applicable legislation in force in the country, the health facility may use the competent authority.