The Orissa High Court has directed the State’s Health and Family Welfare Department to submit a detailed report within two weeks on the implementation status of the National Human Rights Commission’s (NHRC) recommendations regarding the Patients’ Rights Charter in both government and private healthcare institutions across Odisha.
The directive came in response to a Public Interest Litigation (PIL) filed by Odisha Rajya Rogi Adhikar Mancha, a state-level forum advocating for patients’ rights. The forum alleged that despite directives, the Patients’ Rights Charter has not been implemented in any public or private healthcare facility in the state.
A Division Bench of the High Court, hearing the PIL on Tuesday, granted the government two-week time to submit a report on compliance of NHRC recommendations in hospitals. The matter was posted for further hearing on October 29.National Human Rights Commission recommended implementation of Patient Rights Charter in Odisha besides other States and Union Territories.
The Department of Health & Family Welfare of 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.
That Patient’s Rights charter adopted by NHRC advocated that all patients must enjoy certain basic rights. Patient is entitled to certain amount of protection to be ensured by the physicians, health care providers and health care institution which has been codified in various societies and countries in form of charters of patient’s right in India, basing on Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations- 2002, Consumer Protection Act- 1986, Drugs and Cosmetic Act- 1940, Clinical Establishment Act and standard 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 included 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, Right to Non- Discrimination.
The forum had earlier approached the Government agencies to introduce Patients’ Rights Charter and to adopt rules for appropriate control over Private Medical Institutions, Hospitals, Nursing Homes, Diagnostic Centre and other Clinical Establishment. The Government must have a robust system in place functional round the year 24×7 to keep the entire health management system in high alert mode. But their plea was not attended to by the authorities concerned, the forum pointed out in the petition addressed to the High Court.