As updated on 23rd August 2021
Patients’ Rights: A patient and his/her representative has the following rights with respect to the clinical establishment
i. To adequate relevant information about the nature, cause of
illness, proposed investigations and care, expected results of treatment,
possible complications and expected costs;
ii. To information on the Rates charged for each type of service provided
and facilities available. Clinical Establishment shall display the same
at a conspicuous place in the local as well as in English language.
iii. To access a copy of the case papers, patient records, investigation
reports and detailed bill (itemized).
iv. To informed consent prior to specific tests/treatment (e.g.
surgery, chemotherapy etc.)
v. To seek second opinion from an appropriate clinician of patients’
choice, with records and information being provided by the treating
hospital.
vi. To confidentiality, human dignity and privacy during treatment.
vii. To have ensured presence of a female person, during physical
examination of a female patient by a male practitioner.
viii. To non-discrimination about treatment and behaviour on the basis
of HIV status
ix. To choose alternative treatment if options are available
x. Release of dead body of a patient cannot be denied for any reason by
the hospitals.
xi. It was recommended that patient seeking transfer to
another hospital/discharge from a hospital will have the responsibility to
“settle the agreed upon payment”.
xii. It may be specified in the charter that no discrimination in treatment
based upon his or his illness or conditions, including HIV status or other
health condition, religion ethnicity, gender (including transgender), age,
sexual orientation, linguistic or geographical/social origins.
xiii. Informed consent of patient should be taken before digitization of
medical records.
Inclusion of Additional Charter of patients’ rights in
minimum standardsThe National Council for Clinical Establishments
approved for inclusion of the following additional
patient rights, as per National Human Rights
Commission (NHRC) Advisory, in the already
approved list of patient rights as given above.
xiv. Right to care according to prescribed rates wherever
relevant
xv. Right to choose source for obtaining medicines or
tests
The hospitals especially corporate hospitals
and other clinical establishments should not
force the patients to purchase the medicines
from the Hospital Pharmacies, and if they are
able to get medicines from outside at lower
price/cost, that should be acceptable.
Thus, No patient is forced to buy medications
from hospital pharmacy. He can choose the
pharmacy from where he wants to purchase the
medicine.
Similarly if the patient wants to get his tests
done from outside, that may be accepted and
facilitated by the hospitals or clinical
establishments.
xvi. Right to protection and compensation for patients
involved in clinical trials, as per Drugs and
Cosmetics Act and other Government Guidelines.
xvii. Right to protection and compensation for
participants involved in biomedical and health
research as per ICMR and other Government
Guidelines.
xviii. Right to Patient Education
xix. Right to be heard and seek redressal: Every
Hospital shall have/establish a time bound
Grievance redressal mechanism to address the
grievances of the patients. A Grievance redressal
officer will be identified by the hospital and his
name and contact details will be displayed at a
conspicuous place in local language and in English.
The records of grievances received and remedial
action taken will be maintained. The name and
contact details of the district registering authority
will also be displayed who may be contacted in case
of non-redressal of the grievance of patients to their
satisfaction
xx. Right to proper referral and transfer, which is free
from perverse commercial influences
a. In case of referral by the hospital, the referring
hospital will provide proper referral transport
facility in the most appropriate vehicle/ambulance
for transfer of patient to the nearest possible
hospital where facilities for appropriate and timely
management of the condition of the patient, are
available.
b. Such transfer of patient will not be refused even if
not referred by the treating hospital and even if the
patient is leaving against medical advice (LAMA).
The applicable reasonable charges may be levi ed by
the Clinical Establishments for such transfers.
However, in case of an emergency situation, such
referral transport will be provided free of cost as
far as possible and will not be refused for want of
any payment.
c. State/UT Government may consider to define
various charges for different types of ambulance for
compliance by the hospitals and other clinical
establishments. The Clinical Establishments will be
required to display the rates of charges of
ambulance(s)
d. The referring hospital shall provide a qualified and
trained person to monitor and manage the condition
of the patient enroute till the patient is received by
the referee hospital
The information about the above additional rights
should be widely disseminated by the Ministry and
State Governments among Hospitals, doctors,
patients and public so that everyone is aware that
the rights exist.
Patients’ Responsibilities:
i. Provide all health related information
ii. Cooperate with Doctors during examination, treatment
iii. Follow all instructions
iv. Pay hospitals agreed fees on time
v. Respect dignity of doctors and other hospital staff
vi. Never resort to violence.
Note:-
1. The Patients’ Rights as listed from Serial no. (i) to (xiii) were
disseminated to all States/UTs for adoption and implementation vide
MoHFW letter dated 02.06.2019, as may be seen at weblink
http://clinicalestablishments.gov.in/WriteReadData/9901.pdf
2. The Patients’ Rights as listed from Serial no. (xiv) to (xx) is the
additional charter of patients’ rights, as approved by National Council
for Clinical Establishments in its 12th meeting (Minutes issued on
23.08.2021) for inclusion in the Minimum Standards, in addition to the
aforesaid Rights from (i to xiii).
3. The information about the above mentioned Patients’ Rights and
responsibilities should be widely disseminated by the respective
State/UT Government among hospitals, doctors, patients and General
Public.
