India is a country of representative government. Every citizen should be awarded with the information they required of. Right to information is a fundamental right entrusted in the Article 19(a) of the Constitution of India. Right to information act 2005 has been enacted by the parliament to yield the citizens with the fact for what they seek for. The main objective of this act is to encourage the participatory democracy in India, which leads to an evolved country. The greatest wealth is health. Healthcare in India is the department which tends to have both revenue and employment benefits. Clinical handover is a critical element of a proper healthcare. Only 24% of the patients can give their previous medical history and prescriptions which is not provided by the previous hospitals”. Even though after the enactment of RTI act 2005, the medical records are not listed under the purview of it. The information about health care is considered as a privacy issue. This research paper will discuss about the issues relating to the information in the health care department. This paper also suggests adding some provisions relating to the healthcare of the patients. This research also included various cases which resulted in death with lack of information.
A bird without wings, knowledge without information never reaches to its goal
Keywords: information, healthcare, act, death, lack.
Hospital heard more prayers than the religious place. Every piece of information in a hospital plays a pivotal role in their lives. Right to information act has been enacted for the public to fulfil the purpose of being a democratic country. The logic behind this act is very clear that the government is running through public money, and the government is required to give the information if it is needed for the ic. Though the t to privacy paves a wide way in the healthcare department, every citizen is entitled to know their health information properly from up to date.
Meaning if the Act
Right to Information Act 2005, is a law which gives every citizen of the country the power to obtain information, under the control of a public authority in a cost-effective and time-bound manner. It calls upon the public authorities to proactively and Suo-motu provide as much information as possible so that the citizen has minimum occasions to approach the authority for information
This law seeks to regulate the actions of the people who govern, unlike most legislation which tend to put restrictions on the citizens.
International Convention relating to the Medical Code
- The universal declaration of human rights provides that everyone one is equal. It went one step ahead in meeting the requirements of the patients by enacting Charter of patient rights. This charter of patient’s rights is an enabling document to ensure the protection and promotion of Human rights:
- This charter provides a clause of Right to information to the patients. Every patient is entitled to receive the nature, cause of illness, diagnosis of the illness, confirmed treatment, proposed test or investigations.
- The duty of the medical practioner is to ensure that the information stated by them is true and correct which it deals with the life of the patients. The patients need to be provided with simple and understandable language to the listener.
- The physician has to enclose all the facts in writing to the patients or the designated caretaker.
- The patients are also having the right to receive the information about any additional charges and also the bill from the date he has been admitted till he would have discharged.
- They also have the right to know the professional status of the care provider in the hospital.
- The world health organization regional office for Europe adopted a “A declaration on the promotion of patients’ rights” in Europe, is to promote the respect of the patient as an individual
General views abouth Healthcare Information
- Dorairaj Prabhakaran, member of public health foundation states that “If somebody has cancer and sees a new doctor but does not have all medical details of the past treatment, it’s a challenge for a new doctor to put him on the right course of treatment. This is exactly what’s happening”
- Srinath, president of public health foundation states that “We need to better measure thee quality of our health system as a composite entity rather than be merely content with certifying hospitals and laboratories”
- P.K. Malhotra, Union law secretary, According to the CIC’s July 23 order, a patient has a right to his/her medical record which is rooted in Article 19 and 21 of the Constitution and the hospital authorities have a duty to provide the same under Right to information Act, Consumer protection Act, Medical council Act and world medical ethics dealt with constitutional rights.
Codes and Regulation of Healthcare Information
- Constitution of India:
Article 21 of the Indian constitution provides with the fundamental rights for the patients to receive their own information.
- Tamil Nadu clinical establishment act 2014
The state government framed legislation making it mandatory for all private clinical establishments is to register with the government to know all the activities of the clinics.
- Code of Medical ethics
The statutory body, the medical council of India set up by the parliament to meet out the needs of today’s medical world, it also sets up certain rules and regulations to be followed by the physicians. The main rule is to disclose medical information to the patients in an easy and simple manner.
- Consumer protection Act 1986
This act has been enacted to protect the interest of the consumer where there will be no trade without the consumer. The patients are also considered to be the consumer of the hospital.
- Indian medical council regulations 2002
As per the Indian Medical Council (Professional Conduct, etiquette and Ethics) regulations 2002 framed under the Indian medical council Act 1956, there are certain requirements to be fulfilled by doctors. Some of the regulations which are significant from the point of view of RTI act
- Maintenance of medical records
- Highest quality assurance in patient care
- Patience, delicacy and secrecy
- Public and community health
- National Accreditation Board for Hospitals.
International society for quality in health care has accredited “Standard for hospitals” to set up standards for the medical profession.
The right to information act provides with rights to every individual to inspect and know the regulatory mechanism of the government. But the first and foremost of each one of them is to take care of their own health with adequate information. The doctors are considered to be a god in patients’ eyes. The doctor needs to disclose all the information to the patients or their caretakers if at all the patients don’t have the capacity or confidence to hear. The media, movies are keen on information about the service sector. But Hospital is a holy place, the decorum needs to be maintained by making the patients fulfilled. It is better to know everything rather than being unknown.