Consumer Rights and protection in Medical Services
To create a known, accessible, and speedy system of redress and compensation for wrongs committed against consumers is the main purpose of consumer protection legislation and policy. To correct economic imbalances in the bargaining relationship between consumer and supplier, and to ensure the health and well-being of the consumer this Laws and Policies are placed.
India has seen a tremendous change in the health-care services in the past few decades. The major change has been formulated in Consumer Protection Act (CPA) 1986. All the patients making payments for availing health services have been brought under the definition of “Consumer” by this Act.
According to section 2(22) of the Consumer Rights Protection Act 2009, “service” includes any service of transport, telecommunication, water supply, sanitation, fuel, gas, electricity, construction, residential hotels and restaurants, and health which are made available to the consumers in exchange of a price, but this will not include free services.
The Consumer Protection Act, 2019(CPA), which came effect on July 24, 2020, is expected to go a long way in serving the interests of consumers at large. The present law is a generation next statute intending to build upon the old 1986 law intending to ‘better protect’ the interest of the consumer by providing easy dispute resolution tribunals at each levels. In times such as at the present, with the COVID-19 pandemic raging across the country, disputes are possibly to rise up the unfair rendered in certain segments of the health care sector.
Patients as Consumer
Ordinarily, in India there is unconditional trust between patients and their doctors and most of them indeed deserve that. However, in certain cases, medical carelessness has resulted in aggravated harm in the form of physical, psychological, and financial. In addition, unqualified practitioners have brought suffering to gullible patients. Doctors have been convicted to prosecution in civil court; however, few malpractices sufferers file cases for compensation in which hearing goes for years along with expensive litigation cost. The Supreme Court of India in 1995 decreed the medical profession to be considered as a “services” within the Consumer Protection Act; 1986. It quashed Writ Petition filed by the Indian Medical Association.
The Patient’s Rights
In the interest of a healthy doctor-patient relationship, A patient should Know his rights as a consumer: This article discusses the patient rights addressing to the patients/ readers for better understanding.
(1) Patient has a right to be told all the facts about your illness; to have his/ her medical records explained to him/ her; and to be made aware of risks and side effects, if any, of the treatment prescribed for he/ she should not hesitate to question patient‘s doctor about any of these aspects.
(2) When the patient is being given a physical examination, he/ she have a right to be handled with consideration and due regard for his/ her modesty.
(3) The Patient has a right to know your doctor’s qualifications. If you can not evaluate them/ her, should not hesitate to ask someone who can.
(4) The Patient has a right to complete confidentiality regarding his/ her illness.
(5) If the patient is doubtful about the treatment prescribed and especially an operation suggested, he/ she have a right to get a second opinion from any specialist.
The Patient has a right to be told in advance what operation is for and the possible risks involved. If this is not possible because of his/ her being unconscious or for some other reasons, his/ her nearest relatives must be told before they consent to the operation.
(6) If the patient is to be discharged or moved to another hospital, he/ she have a right to be informed in advance and to make his/ her own choice of the hospital or the nursing home, in consultation with the doctor.
(7) The Patient has a right to get his/ her case papers upon request.
Conclusion
The provision of these rights has been made to make sure that, the consumers must not be fooled by the traders and service providers, and they should always be provided with a full value of their money. However, this does not apply to the fields of trade and commerce only, but also to the medical profession as well, where a patient should always obtain all the benefits for his health and prosperity, which he deserve on the basis of humanity, law and ethics. Therefore, the benefits of these consumer rights have been extended to the patients as well, who avail the services of medical professionals for their ailments.