1) Right to adequate relevant Information

 About the nature, cause of illness, provisional/confirmed diagnosis, proposed

investigations and management, and possible complications.
 Explained in language known to them by Treating Physician. Communicated Personally
or by his/her qualified assistants.
 Hospital Management to provide information routinely in writing with acknowledged
identity and professional status of care providers & doctors/consultant primarily
responsible.
 Right to factual information of the expected cost of treatment based on evidence inclusive
of additional cost due to change in physical condition or line of treatment in written.
 Right of Itemized bill receipt & explanation for same.

2) Right to records and reports

 Right to access originals/copies of case papers, indoor patient records, investigation

reports (during period of admission, preferably within 24 hours and after discharge,
within 72 hours) after paying appropriate fees for photocopying or allowed to be
photocopied at their cost.
 Right to discharge summery or death summary along with original copies of
investigation.

3) Right to basic Emergency Medical Care

 Initiated by hosp. (Govt. & Pvt.) without demanding payment/advance.

 Basic care irrespective of paying capacity.
 Rendered promptly without compromising on the quality and safety of the patients.
4) Right to Informed Consent

 Sought by Primary treating doctor regarding any potentially hazardous test/treatment

(e.g. invasive investigation / surgery /chemotherapy).
 Mandatory instructions by Hosp. to obtain consent forms with protocols and policy
adoption regarding same.
 Doctor may proceed only if obtain in writing in the manner explained under Drugs and
Cosmetic Act Rules 2016.

5) Right of Confidentiality, human dignity and privacy.

 Doctor’s duty to hold info. about health condition and treatment plan in strict
confidentiality, until it is essential in specific circumstances to communicate it in the
interest of protecting other or due to public health considerations.
 Duty of hosp. that its staff upholds the human dignity of every patient.
 Ensure presence of another female during physical examination of female patients by a
male practitioner.
 All data kept secured safe custody and insulated from data theft and leakage.

6) Right to Second Opinion

 Hosp. shall provide all necessary records and information without any extra cost or delay
for the same.
 Any discriminative practice will be treated as Human Right Violation.

7) Right to Transparency in Rate, and care according to prescribed rate wherever relevant

 Rate should be on a prominent display board and a brochure.

 In local as well as English language
 Detailed schedule of rates in a booklet.
 Right to obtain essential medicines at rates fixed by the National Pharmaceutical Pricing
Authority (NPPA) & other relevant authority.
 Receive services within the range of rates by Central and State Govt. from time to time,
wherever relevant.
 No denial to choice in terms of medicines, devices and standard treatment guidelines
based on the affordability of the patients’ right to choice.
 Hosp. & Clinical est. ensure that essential medicine under National List of Essential
Medicines (NLEM) and WHO at prescribe rates or MRP.

8) Right to Non- discrimination

 No Discrimination based on illnesses or conditions, including HIV status, religion, caste,

ethnicity, gender, age, sexual orientation, linguistic or geographical /social origins.
 Hosp. regularly orient & instruct all its Doctors and staff regarding same.

9) Right to safety and quality care according to foll standards

 Hosp. ensures Premisesenvironment having requisite cleanliness, infection control

measures, safe drinking water as per BIS/FSSAI Standards and sanitation facilities.
 Hosp. and treating Doctors to ensure currently accepted standards norms and standard
guidelines are followed as per National Accreditation Board for Hospitals (NABH) or
similar to avoid medical negligence or deficiency in services. delivery system.
 Right to be attended to, treated and cared for with due skill, and in a professional manner
with theand principles of medical ethics.
 and Right to seek redressal lies for the same.

10) Right to choose alternative treatment option if available.

 Refusing care after considering all available options against medical advice on own
responsibility, notwithstanding the impact of further treatment and condition, this
decision itself should not affect the observance of various rights mentioned in this
charter.
 Hosp. duty bound to inform options as well as to respect it & record in proper manner
with due acknowledgement on the communication and the mode.

11) Right to Choose source for obtaining medicines or tests

 Duty of treating physician/ hospital management to inform that they are free to access
prescribed medicine/ investigations from the registered pharmacy/diagnostic center of
their choice.
 Not adversely influence the care so provided.

12) Right to proper referral and transfer, which is free from perverse commercial influence

 Right to continuity of care, right to be duly registered at the first healthcare facility, as
well as at any subsequent facilities.
 Hosp. duty to inform any continuing healthcare requirements following discharge.
 Hosp. duty to ensure the justification for transfer, an alternative for & it must be
acceptable to the receiving facility.
 Referral decision based on entirely on best interest of the patient must not be influenced
by any commercial consideration.

13) Right to protection for patients involved in clinical trials

 Comply with the Protocols and Good Clinical Practice Guidelines issued by Central
Drugs Standard Control Organisation, Directorate General of Health Services, Govt. of
India as well as all applicable statutory provisions of Amended Drugs and Cosmetics Act,
1940 and Rules, 1945 including following:
a) Served with a copy of signed written consent with a record contain basic information
which may serve as doc. evidence.
b) Refusal should not affect routine care.
c) Written information regarding name of drug/intervention along with dates, dose, and
duration of administration.
d) Privacy of trial participant with strict confidentiality.
e) Free medical management of adverse events during trial, irrespective of relatedness to Formatted: Font: Bold
Formatted: Font: Italic
the clinical trial, which should be given for as long as required or till such time as it is
established that the injury is not related to the clinical trial. In addition financial or Formatted: Font: Bold

other assistance must be given to compensate them for any impairment or disability. In Commented [H1]: Objection should be stated by hcg – since no
stds are specified here.s
case of death, their dependents have the right to compensation.
f) Ancillary care must be provided for non-study/trial related illnesses arising in trial. In
form of medical care or reference to facilities, as may be appropriate.
g) Institution mechanism must allow for insurance coverage of trail related or unrelated
illness and award of compensation whenever deemed necessary by the concerned Ethics
Committee.
h) Assured best treatment methods that may have been proven by the study.

14) Right to protection of participants involved in biomedical and health research

 Biomedical Research Patients referred as ‘research participant’ and has right to due
protection.
 Should follow National Ethical Guidelines for Biomedical and Health Research
Involving Human Participants, 2017 with prior approval of Ethics Committee.
 Maintain documented informed consent & Additional safeguards in research involving
vulnerable population.
 Right to dignity, right to privacy and confidentiality of individuals and communities be
protected.
 Research participants who suffer any direct physical, psychological, social, legal or
economic harm, after due assessment, to compensate them equitably for any temporary or
permanent impairment or disability.
 Whenever relevant benefits accruing be made accessible.

15) Right to take discharge of patient, or receive body of deceased from hospital

 Hosp. management can’t detain/wrongful confined in hospital patients or dead body of

patient on procedural grounds such as dispute in payment of hospital charges.

16) Right to Patient Education

 Hosp. and treating physician to educate about major facts relevant to condition and
healthy living practices, their rights and responsibilities, officially supported health
insurance schemes, relevant entitlements in case of charitable hospitals, &
 how to seek redressal of grievances in the language the patients understand or seek the
education.

17) Right to be heard and seek redressal

 Right to give feedback, make comments, or lodge complaints. It includes right to

assistance from hosp. for the same.
 Right to seek redressal on a/c of infringement of mention rights in charter.
 Lodging a complaint may be to official designated by the healthcare provider and further
with an official mechanism by the govt. such as Patients’ rights Tribunal Forum or
Clinical est. Regulatory Authority.
 Hosp. have to set an Internal redressal mechanism which comply and cooperate with
official redressal mechanisms & take action in full accordance with their order as per
Patient’s Right Charter or as per applicable existing laws.
 Provide a registration number of complain.
 Robust tracking and tracing mechanism to ascertain the status of complain.
 Receive in writing the outcome of complains within 15 days from date of receipt of
redressal.
NHRC recommends that Patients ‘Rights grievance redressal mechanisms should have the
following components-

(i) Every clinical establishment should set up an internal grievance redressal mechanism.
 First, patients may file a complaint with an authorized representative who can be
named ‘Internal Grievance Redressal Officer’ either individually or through an
authorized representative or collectively through a consumer group or civil society
organization.
 Internal Grievance Redressal Officer shall consider the complaint and try to find an
appropriate solution, with regard to the provisions of the Patients’ Rights Charter and
promptly acknowledge the receipt of the complaint within 24 hours by assigning a
registration number for tracking and tracing the status of the complaint.

(ii) If not satisfied by the a solution then he/she may approach the office of the district level
registering authority set up under Clinical Establishment (Registration and Regulation) Act
2010 in those States who have adopted it, or equivalent district level authorities created under
the State specific clinical establishments act or similar regulatory frameworks for clinical
establishments in other states which have other State specific legislations.
 The district level registering authority shall verify the facts of the matter, and where
there is clear violation of patient’s rights as brought out facts, the registering authority
may issue necessary executive orders to the clinical establishment for rectification.
 If there is any dispute over interpretation of Charter of Patient’s Rights and provisions
in the regulatory framework, the registering authority may clarify the procedure,
rules, regulations and attempt to resolve the complaint through mediation between
both parties within 30 days from the date of receipt of the appeal.

(iii)In case of any particular complaint, if even after completing the above mentioned procedure,
the patient or his/her representative is not satisfied, then he/she can file appeal before the
State Council of Clinical Establishments under Clinical Establishment (Registration and
Regulation) Act 2010 in those states who have adopted the Act.
 Section 8(5)(e) empowers the ‘State Council for Clinical Establishments’ to hear appeals
against the orders of the District Registering Authority set up under CEA 2010.
  ‘State Council of Clinical Establishment’ can set up a three or five member sub-
committee / cell (with multi-stakeholder participation) which can be named as
‘Healthcare Grievance Redressal Authority’ for resolution of patient’s grievances, and
pass rectification orders or disciplinary orders or punitive orders which would be binding
upon the clinical establishments within the framework of CEA within 30 days from the
date of receipt of the appeal.
 The complaints procedure to be set up under the State Council of Clinical Establishments
should explicitly state that it is not intended as a means of achieving monetary
compensation.

(iv) Apart from the above mentioned grievance redressal mechanisms, patients/representatives
would always be free to approach the State Medical Council to seek disciplinary action
against unethical conduct of any specific doctor, and also free to approach Consumer Forums
at various levels to seek financial compensation, or approach Civil/Criminal Courts keeping
in view the nature of the complaint i.e., creation of a separate grievance redressal machinery
to deal with violations of Patients’ Rights Charter shall in no way either extinguish or affect
adversely the existing legal remedies both civil and criminal available to patients and their
caregivers under the existing legal framework..