The Rights of a Patient with Special Reference to Consumer Protection Law in India

Traditionally, patients in India have unquestioning trust in their doctors. Most doctors deserve it. But in some cases, medical negligence has resulted in severe harm physical, mental and financial. In addition, unqualified practitioners have brought suffering to gullible patients. Doctors have been liable to prosecution in civil court, but few malpractice victims sue for compensation, fearing years (even decades) of costly litigation. Fortunately, in 1995 the Supreme Court decreed the medical profession to be a "service" under the Consumer Protection Act, 1986. National Human Rights Commission is also concerned about the rights of patients and is strongly in favour of having 'Rights of Patients Act' as it is in other countries, particularly the USA, in order to enable them to know not only about their ailments but also about diagnoses, treatment etc. by the doctors so that they have clear choices whether to continue with the treatment or seek alternative remedies. The Commission is also concerned about the unavailability of a mechanism wherein a patient is not denied admission and treatment by any hospital or a doctor. The NHRC said that it feels that there is an urgent need to have legislation in place to protect the rights of the patients