Medical negligence case: Do we know our rights and responsibilities as a patient?

Even without any knowledge of medicine, we should know about our rights and responsibilities as a patient.

On October 24, the Supreme Court of India a landmark judgement which asked the Kolkata-based AMRI Hospital and three doctors to pay a whopping Rs 5.96 crore compensation for medical negligence. The court was ordered to pay the amount for the case of medical negligence which occurred in 1988. His wife Anuradha suffered from rashes. When her condition didn't improve she was moved to AMRI, where she was diagnosed to be suffering from toxic epidermal necrolysis (TEN), a condition also known as Lyell's syndrome. While Dr Guha was a doctor and knew his medicine it can be harder for a layman who has no medical knowledge. However that doesn't mean you believe whatever your doctor tells you.

Dr Anirrudha Malpani, wrote in his soon-to-be-published book, Patient Advocacy Giving a Voice to Patients, 'Even the most complicated concept in medical science can be simplified enough for a layman to understand it. It is your doctor's responsibility to explain your health problem and your treatment choices to you in simple terms. This will help you to make an informed decision about your treatment and this is important for obtaining patient-centred healthcare.' You should know your rights as a patient:

According to the consumer Guidance Society of India, the patient's rights as a consumer are the following:

• Patients have the right to be told about their illness; to have their medical records explained.
• Patients should be explained about whatever treatment/medicines are prescribed to them. They should be made aware of the risks and side effects, if any. They have the right to ask questions and clarify their doubts about the treatment.
• Patients have the right to know a doctor's qualifications.
• Patients have the right to be handled with consideration and due regard for their modesty when being physically examined by the doctor.
• Patients have the right to maintain confidentiality regarding their illness and can expect the same from the doctors.
• Patients have the right to a second opinion if they are doubtful about the medicines or treatment suggested.
• Patients have the right to know what a suggested operation/surgery is for and the possible risks involved. If he/she is unconscious or unable to make the decision due to other reasons, informed consent needs to be taken from their nearest relatives.
• Patients have the right to get their medical records/case papers on request from the doctor/hospital.
• If the patient needs to be moved to another hospital, he/she has the right to know the reason for it and also has the right to make their own choice in consultation with the doctor.
• Patients have the right to get details of the bills they have paid for. (Read: Do you know your rights and responsibilities as a patient?)

Of course knowing the rights isn't enough and patients have some responsibilities as well:

• The patient should undergo the treatment as prescribed by the doctor faithfully and follow his/her instructions diligently.
• If the doctor has prescribed certain preventive measures in case of infections, the patient should follow the same.
• The patients need to be punctual for the treatments and follow-ups.
• Patients should maintain all the medical records and prescriptions.
• If the patient wants to take a second opinion, consult with your doctor about the same.
• Patients should pay for their treatment as applicable to the doctors and hospitals promptly.

If you have been reading the newspapers, you will get the impression that this is a huge verdict that will put all bad doctors in place and make doctors wary before they harm their patients. The truth is that this isn't the first time such a verdict on medical negligence has been handed out, it's just the first time that the amount of compensation given out is this high. However, mainstream media articles give the impression that the medical community is worried about this verdict. (Read: Patient advocacy why patients need to be given a voice)

Why should they be? Most doctors are good people; they join the medical profession before they care for their fellow man. They will not turn away patients and they shouldn't be hounded unless there's actual medical negligence. Every other week or so, I come across a piece where a bereaved patient's family members or friends beats up a doctor or trashes a hospital for alleged medical negligence/malpractice. There are a million different variables in play when a doctor is trying to save a patient's life.

Today's headlines make it out to be a Patients/Consumers VS Doctors/Hospitals battle. That's not hard to understand since most journalists are on a deadline and need to spout articles to fill up space while takes a clear stand and also drum up content which is scandalous. This creates a strange situation where you either you condemn or condone, there's no middle ground. 30 minute quotes are modified into one line quotes that are often taken out of context. The doctor-patient relationship is the foundation on which the modern healthcare system is built. If that relationship erodes, who are we going to turn to when we fall sick or are dying?

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