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Patient Rights, Patients Bill, ConSumer Protection Act, Nurse and Patient Bill of Rights,

Patient Rights, Patients Bill, ConSumer Protection Act, Nurse and Patient Bill of Rights,
Hospital and Bill of Rights for Patient, Rights of the Pateint, Legal Issues for Patients

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    Patient rights ppt Patient rights ppt Presentation Transcript

    • PATIENT RIGHTS& CONSUMER PROTECTION ACT MS.SANDHYA.M, .
    • PATIENT RIGHTS
    • MEANING OF PATIENT’S BILL OF RIGHTS:  The Consumer bill of rights & responsibilities that was Adopted by the US advisory commission on Consumer protection and quality in the health care industry in 1998 known as Patient’s bill of rights.
    • DEFINITION OF PATIENT’S BILL OF RIGHTS:  Patient rights encompass legal and ethical issues in the provider- patient relationship, including a person’s right to privacy, the right to quality medical care without prejudicies, the right to make informed decisions about care and treatment options, and to right to refuse treatment. - US ADVISORY COMMISSION (1998)
    • PURPOSES OF PATIENT’S BILL OF RIGHTS  Ensure the ethical treatment of persons receiving medical or other professional health care services.  Persons in all settings are entitled to receive ethical treatment.
    •  GOALS OF PATIENT’S BILL OF RIGHTS:  To help patients feel more confident in the health care system.  To stress the importance of a strong relationship between patients and their health care providers.  To stress the key role of patients play in staying healthy by laying out rights and responsibilities for all patients and health care providers.
    • ORIGIN OF PATIENT RIGHTS: BASIC PATIENT RIGHTS:  Participate in the development and implementation of care.  Be treated with respect and dignity  Be informed about condition, treatment options, and the possible results and side effects of treatment.  Refuse treatment in accordance with the law, and receive information about the refusal of treatment.  Quality health care without discrimination because of race, creed, gender, religion or source of payment.
    • BASIC PATIENT RIGHTS cont’d  Privacy and confidentiality, which includes access to medical records upon request.  Personal safety.  Know the identity of the person treating the patient.  Informed consent for all procedures.  Information, including the medical records by the patient or by the patient’s legally authorized representative and hospital charges.
    • BASIC PATIENT RIGHTS cont’d  Consultation and communication.  Complain or compliment without the fear of retailation or compromise of access or quality of care.
    • 8 KEY AREAS OF PATIENT’S BILL OF RIGHTS:  Information of patients:  Choice of providers and plans  Access to emergency services  Taking part in treatment decisions  Respect and Non-discrimination  Confidentiality of health information  Complaints and appeals  Consumer responsibilities
    • PATIENT’S BILL OF RIGHTS
    •  PRECAUTIONS TO BETAKEN BYTHE PATIENT TO PROTECT THEIR RIGHTS:  Incase of surgical treatment or invasive procedures and investigations,the details are understood by the patient before they sign in the consent form.  At the time of discharge, make sure that they have been given copies of all the relevant records.  At the time of discharge, make sure that they have received the bills for all the payments made by them.They have the right to get details of drugs administered to them.
    • PRECAUTIONS – cont’d  Have the right to ask for a second opinion.  They should request the doctor in case of any clarification of doubts regarding treatment.  Make sure that the patient has been given all the instructions for the medicines prescribed.  The patient should always preserve all the bills of the purchase of every medicines.
    • PRECAUTIONS – cont’d  In case of any substandard drug, preserve the drug packages with Labels and the complaint have to be lodged with the local FDA.  If patient complaint remains unresolved, they can write their grievance giving all details in a sequential format and it can be submitted to consumer court.
    • RESPONSIBILITIES OF PATIENTS:  Faithfullness of agreed therapy.  Follow the doctors instructions carefully.  Take necessary preventive measures in case of infectious diseases.  Make the payment of the treatment, wherever applicable, to the doctors, hospital promptly.  Respect the autonomy of the doctors and nurses.
    • RESPONSIBILITIES – Cont’d  Treat doctors and nurses with respect.  Be punctual to attend the clinics / hospital/ dispensary for the treatment at the given time.  Preserve all the record’s of one’s illness.  Keep the doctor informed if the patient wants to change the doctor.
    • CONSUMER PROTECTION ACT (COPRA)
    • CONSUMER PROTECTION ACT  DEFINITION OF CONSUMER: Consumer means any person who hires or avails of any services for a consideration which has been paid or promised or under any system of deferred payment. - Section 2 (i)
    • ORIGIN OF CONSUMER PROTECTION ACT  Consumer protection act popularly called COPRA was enacted By Parliament in December 1986 and came into force on 1st April, 1987.
    • AIMS OF COPRA:  To provide a simple, speedy and inexpensive redressal for consumer grievances relating to detective goods, deficient services and unfair trade practices.  To bring medical services under the perview of the act.
    • PATIENT RIGHTS UNDER THE CONSUMER PROTECTION ACT:  Right to be protected from hazardous goods and services.  Right to be informed about the quality and performance of goods and services.  Right to free from choice of goods and services.  Right to be heard in decision making process concerning consumer interests.  Right to be redressal if consumer rights are infringed.  Right to consumer education.
    • COPRA & MEDICAL NEGLIGENCE:  The district consumer redressal forum can compensate claims less than Rs. 5 lakhs.  The claims between 5 lakhs and 20 lakhs may be taken to State consumer forum.  The claims above 20 lakhs may be taken to national consumer forum
    • SALIENT POINTS OF COPRA:  The service rendered by a medical practitioner or hospital by way of consultation, diagnosis and treatment falls within the purview of this act.  The service rendered to person, whose charges are borne by an insurance company or employer as part of the conditions of service falls within this act.  Service rendered where no charge whatever is made from an person availing the services and all patients are given free service, is outside the purview of the act.
    • GRANT OF RELIEFS UNDER CPA  To replace the goods with new goods of similar description which shall free from any defect.  To return to the complainant the price.  To remove the defect
    • GRANT OF RELIEFS- cont’d  To pay such amount as may be awarded as compensation to the consumer for the loss of injury suffered by the consumer.  To discontinue the unfair trade practice or not to repeat them.  To cease and desist manufacture of hazardous goods.  To issue corrective advertisement for neutralizing effect of misleading advertisement
    • GRANT OF RELIEFS- cont’d  Not to use hazardous goods for sale.  To provide for adequate costs to parties.  To withdraw the hazardous goods from being offered for sale
    • FORUMS OF CONSUMER PROTECTION ACT: District forum State commission National commission
    • DISTRICT FORUM:  A person who is or has been qualified to be a District judge (President)  Two persons known for ability, integrity and knowledge of economics, law, commerce, accounting, industry or administration, one of whom shall be a woman.  The forum can encertain complaints where the compensation claimed does not exceed Rupees five lakhs.
    • The state commission:  The state commission has three persons:  A person who is or has been a judge of the high court - President.  Two persons known for ability, integrity and knowledge of economics, law, commerce, accounting, industry or administration, one of whom shall be a woman.  The commission entertains complaints where the compensation claimed is more than five lakhs rupees and less than twenty lakhs and also appeals against the orders of the district forum in the state. 
    • NATIONAL COMMISSION:  The national commission has five members.  A person who is or has been a judge of the supreme court - President.  Four persons known for ability, integrity and knowledge of economics, law, commerce, accounting, industry or administration, one of whom shall be a woman.
    • CONSUMER PROTECTION COUNCILS:  The minister in charge of the food and civil supplies of Govt of India.  Official and non-official members representing such interests as may be prescribed by the Government of India.
    • MEDICAL PROFESSION’S VIEWS ABOUT CPA:  Arguments against CPA:  Medical services cannot be compared to defective household appliances.  Medical services are personal in nature and not the type offered by manufacturers of consumer products.  The state medical Councils are the proper authorities to hear complaints of nature.  Inclusion of doctors under the Act would encourage frivolous complaints, as no fees are charged.
    • Arguments against CPA-cont’d  The doctors would be harassed corruption will seep in.  The patient will ultimately be loser, doctors will not take the treatments of patients with even slightly complicated ailments.  Many unnecessary tests will be done as abundant precaution.  No treatment is absolutely safe.  There are only non-professional people in the forum/ commission: they Cannot appreciate the complex issues in medical care
    • Arguments against CPA-cont’d  Only the president of the forum/ commission has a legal/ judicial background: in case of opinion, the opinion of the majority will prevail.  Irreparable damage will be done to the reputation of the doctor, even if the complaint is dismissed.  Doctors will have to spend time defending themselves
    • ARGUMENTS FOR CPA:  Doctors are accountable for their actions.  Doctors are not above law.  Speedy justice does not mean a summary trial. The procedures followed in civil courts are applicable to consumer forums.  Medical councils cannot give compensation.  Malpractice suits are decided by civil courts.  The composition of the forum/ commission is such the decisions will be made on the basis of law, reasonableness, fairness and good faith.
    • SOME SUGGESTIONS FOR CPA:  The court should have the power to examine a complainant on oath before issuing a notice to the defendant.  Consumer courts should be able to grant compensation to the Defendants, if the court finds the complaint to be baseless.  A screening committee which has a senior medical person as member of the consumer court should screen all complaints.
    • RESPONSIBILITIES OF DOCTORS/HEALTH INSTITUTION:  Accept a patient only if the management of the patient is within the skill and competence.  Have genuine concern for the patient.  Create an atmosphere of trust and friendship with the patient and the family  Inform the patient of the proposed procedure and the possible outcomes and the other alternatives.  Give maximum possible care.  If a second opinion is needed, facilitate it.  Be available till your services are no longer required.  Update your knowledge, skills and attitudes through continuing education programmes.
    • RESPONSIBILITIES- cont’d  Inform the patient of the proposed procedure and the possible outcomes and the other alternatives.  Give maximum possible care.  If a second opinion is needed, facilitate it.  Be available till your services are no longer required.  Update your knowledge, skills and attitudes through continuing education programmes.
    • CONCLUSION: THEORY APPLICATION: ASSIGNMENT: BIBLIOGRAPHY:
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