>

Explainer: Hospitals cannot refuse treatment to patients, attendant’s violence is also not tolerated, know the law

Lucknow: Every year a large number of people die in road accidents in the country. Among these, the figures of Uttar Pradesh are the worst. If the injured get timely treatment in an accident, many lives can be saved. The first hour after the accident is called the golden hour.

This time is most important to save the life of any injured person. In such emergency including other situations, hospitals cannot refuse to admit a patient. For this, it is important for every person to be aware of his rights.

Consumers can take refuge in the court

Actually, hospitals providing health services come under the ‘Medical Clinic Consumer Protection Act’. Along with this, it is the responsibility of the Medical Council of India to ensure that doctors follow the ‘Code of Medical Ethics Regulations’. Therefore, if there is a case of negligence by the doctor or any complaint regarding the services, the consumer can approach the consumer court for compensation.

In case of emergency, first talk about treatment and then fees.

If a person reaches the hospital in a serious condition, it is the responsibility of the doctors of government and private hospitals to provide immediate medical help to that person. Only after providing necessary health facilities to save life, can the hospital demand treatment fees from the patient or the process of giving information to the police can be started.

Patient’s right to information about expenses

The patient or attendant should be informed about the disease the admitted person is suffering from and what will be the outcome of the treatment. Also, the patient should be given written and oral information about the cost of treatment, its advantages and disadvantages and treatment options.

Patient’s right to medical report related to treatment

Patients and relatives of the admitted person have the right to be given photocopies of all documents related to the case by the hospital within 24 hours of admission to the hospital and within 72 hours of discharge. No hospital can deny a patient his medical records or reports.

These records include diagnostic tests, doctor’s opinion, reason for hospitalization etc. At the time of discharge, a discharge card should be given to the patient, which should include the patient’s condition at the time of admission, results of lab tests, treatment during admission, treatment after discharge, whether any medicines are to be taken or not to be taken, what precautions are to be taken, Whether to go back to the doctor for checkup, these things should be mentioned.

Right to seek opinion from another doctor

If you are not happy with the methods of any doctor then you can take advice from another doctor. In such a situation, the hospital should make all the medical and diagnostic reports available to the patient. The advice of another doctor becomes important when the disease is life threatening, or there is a question about the line of treatment the doctor is considering.

Right to confidentiality of patient’s treatment

During treatment, the doctor comes to know many things which are related to the personal life of the patient, so it is the duty of the doctor to keep this information confidential.

Right to be informed about every possible risk before surgery

Before any major surgery, it is the duty of the doctor to inform the patient or the person taking care of him about the main risks that may occur during the surgery and after giving the information, get the consent form signed. Along with this, also ask whether they want to get surgery done.

Rights in case of medical store or diagnostic center

There is often a complaint that when a doctor in a hospital gives a medicine prescription to the patient, he asks him to buy the medicine from the shop of the same hospital or get the diagnostic test done in the hospital itself. The important thing is that hospitals cannot do this because it is a violation of consumer rights. The consumer has the freedom to get the test done from wherever he wants. According to the policy of the Medical Council of India, as far as possible, doctors should use the generic name of the medicine and not the brand name of any company.

Right to discharge from hospital

It has been seen many times that if the full hospital bill is not paid, the patient is not allowed to leave the hospital. Many times the family members are not even allowed to take the dead body. It is the responsibility of the hospital to inform the patient and family about the daily expenses. Despite this, even if there is disagreement regarding the bill, the patient cannot be stopped from being allowed out of the hospital or the body can be taken away.

If any patient has any complaint related to all these rights, then first try to find a solution to the problem by talking to the hospital administration and the doctor. But if no solution is found then collect all the evidence regarding the case and contact the consumer forum. Also, lodge a complaint against the doctor and the hospital with the State Medical Council.

No right to use violence against doctors in the name of treatment

However, it is not that in the name of treatment, the attendant or anyone else can commit arbitrary or violent acts. If they do so, legal action can also be taken against them. A major step has been taken towards stopping incidents of violence against doctors.

In such a situation the doctor may refuse treatment

Under this, the official notification of the National Medical Commission Registered Medical Practitioner (RMP) Professional Conduct) Regulations, 2023 states that doctors can now refuse to treat patients or relatives who are abusive, rude and violent.

The person caring for the patient will be responsible

It has been said in the notification under the duties of RMP towards the patients. The RMP caring for the patient will be fully accountable for his work and will be entitled to appropriate fees. In case of abusive, unruly and violent patients or relatives, the RMP may write up and report about their behavior and refuse to treat the patient. Such patients should be referred elsewhere for further treatment.

Efforts to stop violence against doctors

These new rules will replace the Medical Ethics Code 2002 of the Medical Council of India (MCI). This is the first time that doctors will have the right to refuse to treat unruly and violent patients. The aim of this step is to stop violence against doctors.

It is necessary to give information about the cost of surgery and treatment

Along with this, under the RMP’s right to salary or remuneration, it has been said in the notification that before the examination or treatment of the patient, information about the consultation fee should be given to the patient. It says that the patient should be given a fair estimate of the cost of the surgery or treatment so that they can make an informed decision. If the fees are not paid as stated, the RMP may refuse to treat or continue treating the patient.

Leave a Comment