Rights of Patients

S.No Right Description & Duties Reference
1 Right to Information Patients must receive clear information regarding diagnosis, treatment plan, risks, expected costs, and itemized bills. Hospitals must provide cost estimates in writing. Clinical Establishment Act 2010
MCI Code of Ethics
NABH Patient Charter
Consumer Protection Act 1986
2 Right to Records & Reports Patients can obtain copies of medical records within 72 hours of request. Hospitals must ensure timely access. Clinical Establishment Act 2010
MCI Code of Ethics
Consumer Protection Act 1986
3 Right to Emergency Medical Care All hospitals must provide emergency treatment without demanding advance payment. Supreme Court Judgment (1989)
Article 21 – Right to Life
4 Right to Informed Consent Written consent is mandatory before risky procedures. Doctors must explain risks and alternatives. MCI Code of Ethics
Drugs & Cosmetics Act 1940
5 Right to Confidentiality Patient information must remain confidential. Female patients may request female attendants. MCI Code of Ethics
Clinical Establishment Act
6 Right to Second Opinion Patients may seek second opinion without affecting quality of care. Consumer Protection Act 1986
7 Right to Transparency in Rates Hospitals must display rates clearly and provide detailed itemized billing. Clinical Establishments Rules 2012
DPCO
8 Right to Non-Discrimination No discrimination based on religion, caste, gender, illness, or social background. Clinical Establishment Act 2010
9 Right to Safety & Quality Care Patients must receive safe, hygienic, and standard medical care. Consumer Protection Act 1986
10 Right to Be Heard & Redressal Patients can file complaints and must receive written response within 15 days. Consumer Protection Act 1986

Responsibilities of Patients & Caretakers

  • Patients should provide complete and accurate health-related information to their doctor without concealing relevant details to facilitate proper diagnosis and treatment.
  • Patients should cooperate during examinations, diagnostic tests, and treatment, and follow medical advice while exercising their right to participate in decision-making.
  • Patients must follow appointment timings, cooperate with hospital staff and fellow patients, avoid disturbances, and maintain cleanliness within hospital premises.
  • Patients and caregivers must respect the dignity of doctors and hospital staff. Violence, abuse, or damage to hospital property must never be resorted to.
  • Patients should take responsibility for treatment choices made, including consequences of refusing recommended treatment.

Recommended Mechanism for Implementation of Charter of Patient’s Rights

NHRC recommends the Government of India, State Governments, and Union Territories adopt and incorporate the Charter of Patients’ Rights into all healthcare regulatory frameworks.

Authorities Recommended for Implementation
  • Ministry of Health and Family Welfare, Government of India
  • Public Health & Family Welfare Departments in all States & UTs
  • Medical Education Departments of States & UTs
  • National Council for Clinical Establishments
  • State Councils for Clinical Establishments
  • National Medical Commission / Medical Council
  • State Medical Councils
  • Central Council of Indian Medicine
  • Consumer Protection Councils
  • Registrar of Companies (for corporate hospitals)
  • Quality Council of India
  • Central Drugs & Standard Control Organisation
  • Department of Consumer Affairs

Grievance Redressal Mechanism

  • Every clinical establishment must set up an Internal Grievance Redressal Officer who acknowledges complaints within 24 hours and assigns tracking numbers.
  • If unresolved, patients may approach the District Registering Authority under the Clinical Establishment Act for mediation within 30 days.
  • Appeals can be filed before the State Council for Clinical Establishments, which may issue binding rectification or disciplinary orders.
  • Patients remain free to approach State Medical Councils, Consumer Forums, or Civil/Criminal Courts for compensation or disciplinary action.