PATIENT RIGHTS&

CONSUMER
PROTECTION ACT
MS.SANDHYA.M,
.
PATIENT
RIGHTS
 MEANING OF PATIENT’S BILL OF
RIGHTS:
 The Consumer bill of rights & responsibilities
that was Adopted by the US advisory
commission on Consumer protection and
quality in the health care industry in 1998
known as Patient’s bill of rights.
 DEFINITION OF PATIENT’S
BILL OF RIGHTS:
 Patient rights encompass legal and ethical
issues in the provider- patient relationship,
including a person’s right to privacy, the right
to quality medical care without prejudicies,
the right to make informed decisions about
care and treatment options, and to right to
refuse treatment.
- US ADVISORY COMMISSION (1998)
 PURPOSES OF PATIENT’S BILL
OF RIGHTS

 Ensure the ethical treatment of persons

receiving medical or other professional health
care services.
 Persons in all settings are entitled to receive
ethical treatment.
 GOALS OF PATIENT’S BILL OF
RIGHTS:
 To help patients feel more confident in
the health care system.
 To stress the importance of a strong
relationship between patients and their
health care providers.
 To stress the key role of patients play in
staying healthy by laying out rights and
responsibilities for all patients and health
care providers.
ORIGIN OF PATIENT RIGHTS:
BASIC PATIENT RIGHTS:
 Participate in the development and
implementation of care.
 Be treated with respect and dignity
 Be informed about condition, treatment options,
and the possible results and side effects of
treatment.
 Refuse treatment in accordance with the law, and
receive information about the refusal of
treatment.
 Quality health care without discrimination
because of race, creed, gender, religion or
source of payment.
BASIC PATIENT RIGHTS cont’d

 Privacy and confidentiality, which includes

access to medical records upon request.
 Personal safety.
 Know the identity of the person treating the
patient.
 Informed consent for all procedures.
 Information, including the medical records by
the patient or by the patient’s legally
authorized representative and hospital
charges.
BASIC PATIENT RIGHTS cont’d

 Consultation and communication.

 Complain or compliment without the fear
of retailation or compromise of access or
quality of care.
8 KEY AREAS OF PATIENT’S
BILL OF RIGHTS:
 Information of patients:
 Choice of providers and plans
 Access to emergency services
 Taking part in treatment decisions
 Respect and Non-discrimination
 Confidentiality of health information
 Complaints and appeals
 Consumer responsibilities
 PATIENT’S BILL OF RIGHTS
 PRECAUTIONS TO BE TAKEN BY THE PATIENT
TO PROTECT THEIR RIGHTS:

 Incase of surgical treatment or invasive

procedures and investigations,the details are
understood by the patient before they sign in the
consent form.
 At the time of discharge, make sure that they
have been given copies of all the relevant
records.
 At the time of discharge, make sure that they
have received the bills for all the payments
made by them. They have the right to get details
of drugs administered to them.
PRECAUTIONS – cont’d

 Have the right to ask for a second

opinion.
 They should request the doctor in case of
any clarification of doubts regarding
treatment.
 Make sure that the patient has been given
all the instructions for the medicines
prescribed.
 The patient should always preserve all the
bills of the purchase of every medicines.
PRECAUTIONS – cont’d
 In case of any substandard drug, preserve
the drug packages with Labels and the
complaint have to be lodged with the
local FDA.
 If patient complaint remains unresolved,
they can write their grievance giving all
details in a sequential format and it can
be submitted to consumer court.
RESPONSIBILITIES OF PATIENTS:
 Faithfullness of agreed therapy.
 Follow the doctors instructions carefully.
 Take necessary preventive measures in
case of infectious diseases.
 Make the payment of the treatment,
wherever applicable, to the doctors,
hospital promptly.
 Respect the autonomy of the doctors and
nurses.
RESPONSIBILITIES – Cont’d
 Treat doctors and nurses with respect.
 Be punctual to attend the clinics / hospital/
dispensary for the treatment at the given
time.
 Preserve all the record’s of one’s illness.
 Keep the doctor informed if the patient
wants to change the doctor.
 CONSUMER
PROTECTION ACT
(COPRA)
CONSUMER PROTECTION ACT

 DEFINITION OF CONSUMER:
Consumer means any person who
hires or avails of any services for a
consideration which has been paid or
promised or under any system of deferred
payment.
- Section 2 (i)
ORIGIN OF CONSUMER
PROTECTION ACT
 Consumer protection act popularly
called COPRA was enacted By Parliament
in December 1986 and came into force on
1st April, 1987.
 AIMS OF COPRA:
 To provide a simple, speedy and inexpensive
redressal for consumer grievances relating to
detective goods, deficient services and unfair
trade practices.
 To bring medical services under the perview of
the act.
 PATIENT RIGHTS UNDER THE
CONSUMER PROTECTION ACT:
 Right to be protected from hazardous goods
and services.
 Right to be informed about the quality and
performance of goods and services.
 Right to free from choice of goods and
services.
 Right to be heard in decision making process
concerning consumer interests.
 Right to be redressal if consumer rights are
infringed.
 Right to consumer education.
COPRA & MEDICAL NEGLIGENCE:
 The district consumer redressal forum can
compensate claims less than Rs. 5 lakhs.
 The claims between 5 lakhs and 20 lakhs
may be taken to State consumer forum.
 The claims above 20 lakhs may be taken
to national consumer forum
 SALIENT POINTS OF COPRA:
 The service rendered by a medical
practitioner or hospital by way of consultation,
diagnosis and treatment falls within the
purview of this act.
 The service rendered to person, whose
charges are borne by an insurance company or
employer as part of the conditions of service
falls within this act.
 Service rendered where no charge whatever
is made from an person availing the services
and all patients are given free service, is
outside the purview of the act.
GRANT OF RELIEFS UNDER CPA

 To replace the goods with new goods of

similar description which shall free from
any defect.
 To return to the complainant the price.
 To remove the defect
GRANT OF RELIEFS- cont’d

 To pay such amount as may be awarded as

compensation to the consumer for the loss of
injury suffered by the consumer.
 To discontinue the unfair trade practice or
not to repeat them.
 To cease and desist manufacture of hazardous
goods.
 To issue corrective advertisement for
neutralizing effect of misleading
advertisement
GRANT OF RELIEFS- cont’d

 Not to use hazardous goods for sale.

 To provide for adequate costs to parties.
 To withdraw the hazardous goods from
being offered for sale
FORUMS OF CONSUMER
PROTECTION ACT:
District forum
State commission
National commission
DISTRICT FORUM:

 A person who is or has been qualified to

be a District judge (President)
 Two persons known for ability, integrity
and knowledge of economics, law,
commerce, accounting, industry or
administration, one of whom shall be a
woman.
 The forum can encertain complaints
where the compensation claimed does not
exceed Rupees five lakhs.
The state commission:
 The state commission has three persons:
 A person who is or has been a judge of the high
court - President.
 Two persons known for ability, integrity and
knowledge of economics, law, commerce,
accounting, industry or administration, one of
whom shall be a woman.
 The commission entertains complaints where the
compensation claimed is more than five lakhs
rupees and less than twenty lakhs and also
appeals against the orders of the district forum
in the state.

NATIONAL COMMISSION:

 The national commission has five

members.
 A person who is or has been a judge of
the supreme court - President.
 Four persons known for ability, integrity
and knowledge of economics, law,
commerce, accounting, industry or
administration, one of whom shall be a
woman.
CONSUMER PROTECTION
COUNCILS:
 The minister in charge of the food and
civil supplies of Govt of India.
 Official and non-official members
representing such interests as may be
prescribed by the Government of India.
MEDICAL PROFESSION’S VIEWS
ABOUT CPA:
 Arguments against CPA:
 Medical services cannot be compared to
defective household appliances.
 Medical services are personal in nature and
not the type offered by manufacturers of
consumer products.
 The state medical Councils are the proper
authorities to hear complaints of nature.
 Inclusion of doctors under the Act would
encourage frivolous complaints, as no fees are
charged.
Arguments against CPA-cont’d
 The doctors would be harassed corruption will
seep in.
 The patient will ultimately be loser, doctors
will not take the treatments of patients with
even slightly complicated ailments.
 Many unnecessary tests will be done as
abundant precaution.
 No treatment is absolutely safe.
 There are only non-professional people in the
forum/ commission: they Cannot appreciate
the complex issues in medical care
Arguments against CPA-cont’d

 Only the president of the forum/

commission has a legal/ judicial
background: in case of opinion, the
opinion of the majority will prevail.
 Irreparable damage will be done to the
reputation of the doctor, even if the
complaint is dismissed.
 Doctors will have to spend time defending
themselves
ARGUMENTS FOR CPA:

 Doctors are accountable for their actions.

 Doctors are not above law.
 Speedy justice does not mean a summary
trial. The procedures followed in civil courts
are applicable to consumer forums.
 Medical councils cannot give compensation.
 Malpractice suits are decided by civil courts.
 The composition of the forum/ commission is
such the decisions will be made on the basis
of law, reasonableness, fairness and good
faith.
SOME SUGGESTIONS FOR
CPA:
 The court should have the power to
examine a complainant on oath before
issuing a notice to the defendant.
 Consumer courts should be able to grant
compensation to the Defendants, if the
court finds the complaint to be baseless.
 A screening committee which has a senior
medical person as member of the
consumer court should screen all
complaints.
 RESPONSIBILITIES OF
DOCTORS/HEALTH INSTITUTION:
 Accept a patient only if the management of the
patient is within the skill and competence.
 Have genuine concern for the patient.
 Create an atmosphere of trust and friendship with
the patient and the family
 Inform the patient of the proposed procedure and
the possible outcomes and the other alternatives.
 Give maximum possible care.
 If a second opinion is needed, facilitate it.
 Be available till your services are no longer
required.
 Update your knowledge, skills and attitudes
through continuing education programmes.
 RESPONSIBILITIES- cont’d

 Inform the patient of the proposed procedure

and the possible outcomes and the other
alternatives.
 Give maximum possible care.
 If a second opinion is needed, facilitate it.
 Be available till your services are no longer
required.
 Update your knowledge, skills and attitudes
through continuing education programmes.
 CONCLUSION:
 THEORY APPLICATION:
 ASSIGNMENT:
 BIBLIOGRAPHY:
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