Odisha HC seeks report on patients' rights charter compliance in hospitals

Bhubaneswar: The Orissa High Court has directed the State Health and Family Welfare Department to submit a report within two weeks on the implementation of the National Human Rights Commission's recommendations on the Patient Rights Charter in both government and private hospitals.

According to a UNI report, Odisha Rajya Rogi Adhikar Mancha, a State-level forum working for patients' rights in Odisha, had earlier moved the High Court stating that the Patient Charter of Rights has not been implemented in any of the healthcare centres in the State.

The Division Bench of the High Court hearing the public interest litigation in this regard yesterday granted the Government two weeks' time to submit a report on compliance with NHRC recommendations in hospitals. The matter was posted for further hearing on 29 October.

Also Read:Orissa HC Seeks Govt Roadmap on Advanced Blood Testing Technology

The National Human Rights Commission recommended implementation of the Patient Rights Charter in Odisha, besides other States and union Territories.

The Department of Health & Family Welfare of the Odisha Government issued directions to all Collectors of Odisha to carry out its order.

However, the order has not yet been carried out in Government hospitals and many private hospitals, the patients' rights forum apprised the Court.

The Patient's Rights Charter, adopted by NHRC, advocates that all patients must enjoy certain basic rights.

Patients are entitled to a certain amount of protection to be ensured by physicians, health care providers, and health care institutions, which has been codified in various societies and countries in the form of charters of patient's rights in India, based on Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations-2002, Consumer Protection Act-1986, Drugs and Cosmetic Act-1940, Clinical Establishment Act and standards framed therein.

The Union Government and State Government should have formulated concrete mechanisms for which the patients will get adequate protections and operational mechanisms during treatment, noted the contents in the PIL.

The Charter of Patients' Rights includes, among other things, Right to Information, Right to Records & Report, Right for Emergency Medical Care, Right to Informed Consent, Right to Confidentiality, Human Dignity and Privacy, Right to Second Opinion, Right to Transparency in Rates and Care according to prescribed rates wherever relevant, and Right to Non-Discrimination.

The forum had earlier approached the Government agencies to implement the Patients' Rights Charter and establish regulations for appropriate control over Private Medical Institutions, Hospitals, Nursing Homes, Diagnostic Centres and other Clinical Establishments.

The Government must have a robust system in place functioning around the year 24x7 to keep the entire health management system in high alert mode.

However, their plea was not attended to by the authorities concerned, the forum pointed out in the petition addressed to the High Court.

Also Read:Odisha HC Allows Doctor to Join Musculoskeletal Radiology Fellowship, Quashes NOC Denial