Concluding remarks: What does RTI mean for the patients?

[Guest guest]

Dear Members:

Various medical and healthcare related laws of the country guarantee several

fundamental rights to the patients including fundamental right to access and

affordability of quality medical care, right to information about his/her

health, right regarding medical files and records, right to complain and to

compensation for medical malpractice/negligence, right to informed consent and

the right to health care privacy and secrecy.

Thus patients in this country have a right to information regarding necessity of

treatment; alternative modalities of treatment; risks of pursuing the treatment,

including inherent complications of drugs, investigations, procedure, surgery

etc.; regarding duration of treatment; regarding prognosis without any attempt

to exaggerate or minimize the gravity of patient's condition; regarding expenses

and break-up thereof.

Right to Information Act, 2005 under section 7 (1) also allows patients to seek

information within 48 hours from PIOs on grounds of life and liberty.

Furthermore national consumer disputes redressal commission has made it

mandatory for healthcare providers to provide the entire medical record of a

patient to him/her or his authorized nominee or concerned legal authorities

within 72 hours of the demand.

In the event of any infringement or violation of the rights of patients, several

legal avenues have been made available to them that include consumer Protection

Act of 1986, Civil Courts (Fatal Accidents Act, 1855), Law of Torts

(Compensation), Public Interest Litigation (under Article 21 of the Indian

Constitution), sections under Indian Penal Code, 1860 (sections 52, 80, 81, 83,

88, 90, 91, 92 304-A, 337 and 338 contain the provisions relating to medical

malpractice in India), section 357 of Cr. P.C., 1973, Medical Council of India

Act, 1956, Medical Practitioners Act, 1938, Good Clinical Practice Guidelines

(Schedule Y of D & C Act) and Code of Medical Ethics, 2002.

A well-informed and educated patient can participate in his or her own treatment

and help in decision making, help identify medication errors before they occur,

show enhanced compliance with the prescribed therapy and improved therapeutic

outcomes, help patients promote recovery, improve function and reduce their

length of stay in the hospital, improve quality of care, patient satisfaction

and effective use of resources, facilitate patients' and families'

understandings of their health status, options, and consequences of care,

increase patients' potential to follow a health care plan and decrease treatment

complications

I once again thank Prof. Vijay Thawani for providing me this opportunity to

moderate the discussion. I also thank all members who participated and gave

their valuable comments during the course of this discussion. It was really an

enriching and refreshing experience.

Kind Regards

Dr.Geer M Ishaq