Human Rights Advocacy
Patients' rights
Delara Hossain
Patients' rights are different in different countries and in different jurisdictions; often it depends upon current cultural and social norms. It is very essential to make clear the relationship between human rights, right to health, and patients' rights.
In our country, among five fundamental rights, “right to health” is one of the most important rights. But these rights are being violated day by day. In many cases not having any specific law or rights people are deprived of their rightful benefits. It is becoming a greater problem in health services because there are no monitoring mechanisms. Even there is no system to check whether doctors are providing right treatment or not which is resulting in patient's death.
Doctor's absences, medical negligence, lack of care, all are very common examples of health services in our country. More disturbing is the situation when group of doctors also deny performing their duty, that is during “strike” or “hartal”. To call a hartal some times they also given priority to the political issues. But again and again the patients are victims of those consequences.
Declaring that the rights of patients are protected requires more than educating policy makers and health providers; it requires educating citizens about what they should expect from their governments and their health care providers -- about the kind of treatment and respect they deserve.
In India they have Patient's Charter of Rights, which is recognised by government as a legally binding set of rights that a patient has. Patients in Bangladesh have no such legal rights. Under the existing law it is almost impossible for the patients and their families to take necessary steps as right of patient. There are detailed laws relating to licencing, drug control, operation of private clinic etc. But there is no specific law which can provide a minimum standard care to the patient.
According to the existing law there is no specific provision for the duties of doctors. Though Bangladesh Medical and Dental Council's code of ethics speaks of some function, procedure and disciplinary jurisdiction but there is nothing specific about the patient's right.
To ensure patients' right the following are important considerations:
Healthy, safe and participatory environment: Everyone has the right to a healthy and safe environment that would ensure his or her physical and mental health or well-being. There should be the right to participate in decision-making on matters affecting one's health.
Access to health care: Everyone has the right of access to health care services that include:
*Receiving emergency care at any health care facility that is open regardless of one's ability to pay;
*Treatment and rehabilitation must be made known to him/her enable the patient to understand such treatment or rehabilitation and the consequences thereof;
*Provision for special needs in the case of newborn infants, children, pregnant women, the aged, disabled persons, patients in pain, persons living with HIV or AIDS patients;
*Counseling without discrimination, coercion or violence on matters such as reproductive health, cancer or HIV/AIDS;
*Health information that includes the availability of health services and how best to use such services shall be in the language understood by the patient.
Choice of health services: There can be right to choose a particular health care services or a particular health facility for treatment provided such choice is not contrary to the ethical standards applicable to such health care providers or facilities and that the choice of facility is in line with prescribed service delivery guidelines.
Confidentiality and privacy: Information concerning one's health, including information concerning treatment may only be disclosed with consent of person(s) concerned, except only when required in terms of any law or an order of court
Informed consent: Everyone has the right to be given full and accurate information about the nature of one's illness, diagnostic procedure, the proposed treatment and the costs involved to make a decision. And there can be the right to be referred for a second opinion on request to a health provider of one's choice.
Continuity of care: A health care professional or a health facility, which initially took responsibility for one's health, shall abandon it to no one. There have to be the right to complain about the health care and to have such complaints investigated and receive a full response on such investigation. Not only this but should there also be a system that a person may refuse treatment. The refusal can be verbal or can be written mentioning that refusal will not be to the endangerment for the patient.
Though there are so many organisations, which have been working for checking the medical negligence, but for the betterment for our country it is very essential to have a specific law which will ensure the patient's right.
The writer is student of School of Law, BRAC University.
