“AN EMPIRICAL STUDY ON RIGHTS OF PATIENTS EMANATING FROM THE CONSTITUTION, HUMAN RIGHTS, CONSUMER RIGHTS, CODE OF MEDICAL AND NURSING PROFESSION : A REVIEW OF JUDICIAL PERSPECTIVE (By-SHIVAM)

Interestingly, in India the patients’ rights have neither been expresslyenunciated through a statute nor through judicial decisions. The discussions in thechapters above and analysis of data collected brings to the light that it is the judicial decisions mostly from thewestern countries which has concretely put forward a mechanism to address thegrievance of the patients as these decisions have most often addressed the complexethical questions concerning the medicine and law. India lacks a concretemechanism through which patients’ rights can be protected or guaranteed. Againstthis backdrop, following suggestions has been put forth so that specific rights ofpatients in India is protected and guaranteed.
Need for effective legislation to protect patients’ rights
To provide a patient-centred healthcare it is essential that rights of patient’sare articulated clearly. In India, we have plethora of laws in the area of healthcarebut, as these laws lack organization and clarity, it creates confusion in the mind ofboth patients and healthcare providers. Moreover, in our country we neither havelegislation nor any patient’s rights charter which specifically enumerates the rightsand responsibilities of patients. Thus strong and speedy steps must be taken in order to provide an effective legislation to protect patients’ rights.
Need for evolution from Doctor –centric to Patient-centric Care
Laws and their enforcement no doubt play an important role in protectingrights of patients but these alone are not enough. What is necessary is to reinvent therelationship between doctor and patient.
 
 
In other words, there must be a shift from doctor-centric care to patient-centric care. Creating trust, respect and emotionalcomfort should be an important focus of the physician’s responsibility and this willgo a long way towards enhancing the quality of healthcare services. This can bedone by the physician by giving emphasis on three important elements:transparency, confidentiality, defining limits.