• Legal rights of a patient in hospital

This question is about legal rights of a patient while undergoing surgery in hospital. This is to ensure the hospital or doctors don't charge excess, hide information or be neglectful in service. These are some queries that I have in this regard.

1) How to ensure the hospitals don't overcharge patient while undergoing surgery?
2) How the patient can ensure the doctor is sufficiently skilled for particular surgery?
3) What all documents the patient should ask from hospital before undergoing surgery?
4) Can the patient ask surgery to be video recorded and provide to him? Do hospitals provide this facility?
5) What all documents the patient should get from hospital while leaving after surgery?
6) Can attendants of patient take the patient to another hospital if surgery goes wrong or patient deteriorates after surgery?
7) What the attendants of patient can do if the hospital refuses shifting patient to another hospital in case patient deteriorates?
8) Can attendants of patient take the patient to another hospital after admitting for surgery but not satisfied with the hospital's service?
9) What the attendants of patient can do if doctor refuses allowing them to meet patient during hospital admission?
10) Can the patient refuse to pay charges that are excess or not told earlier in hospital bill? What are legal options available for patient in such case?

Looking forward to your reply. Thank you.
Asked 3 years ago in Civil Law

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6 Answers

1) you can insist that hospital give in writing fees to be charged for surgery 

 

2)doctor qualifications and experience would be available on hospital website 

 

3) billing for room , operation charges ,other charges should be obtained in writing 

 

4) hospitals do not provide video recording facilities 

 

5) discharge summary. This document should have all the necessary details starting from the person’s name, the age to kind of diagnosis and treatment done.

 

6) you can obtain discharge from hospital and shift to another hospital 

 

7) one attendant is always allowed to remain with the patient 

 

8) you cannot refuse to pay hospital bills .if you are charged in excess file complaint against hospital before consumer forum and seek refund of money charges in excess 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

1.  You have to ask for the charges fore surgery before expressing your willingness to undergo surgery, if you don't agree for the quoted charges, you can refuse to undergo surgery.

2. He has to verify the particulars of the doctor through the sources available in the hospital records or internet.

3. It depends on the nature of illness to which the patient is likely to be operated upon.

.4 It depends on the hospital which facilitates the patient with  this facility 

5. The discharge summary 

6. Yes

7. The attendant can give in writing to undertake the responsibility by shifting the patient to another hospital.

8. The hospital may not refund the fee already paid for the surgery.

9. They may have to follow the hospital rules to meet the patient.

10. The patient can refuse to pay the charges which have been added later on without intimation to the patient.

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

All these things are regulations governed by different hospitals. Patients can seek for all reports from the hospital before and after surgery. Video recording not possible. 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1.As per law,  Physicians or their qualified assistants are required to provide adequate information about the illness of patient or his caretaker. Hence you can ask for the details of charge before surgery. 

2. You can also ask for the details of the same , if you having medical knowledge 

3. Try to obtain all the details of surgery and the doctors involved therein , as they are bound to provide the same to you. 

4. No, without a court direction , generally hospital not permitted. 

5. Discharge report with all the receipt of payments , including Opinion Repot. 

6. Yes, 

7. You can lodge a compliant before the management of hospital , and if no response then you can take legal action against the hospital  after proper treatment of patient from another hospital . 

8. Yes, if due to fault of the hospital , the patient could not get satisfied treatment ,and transferred to another hospital then you can recover amount and compensation from the hospital legally. 

9. The rules of hospital will be applied on all , hence you can check the terms and conditions /rules of the said hospital for the same. 

10. The hospital is bound to provide the details before putting extra charge . 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear Client,

Patients have a fundamental right, according to the District Consumer Disputes Redressal Commission, to receive complete information from hospitals on medical expenses and treatment.  you can do price comparison with other hospitals if you have information from any other hospital, inquire about the generic medicines and check with the central government's price list for tests and medicines. patient can ask for the previous conduct, record and expertise of the doctor. patient can ask for the medical records and documents from the hospitals. as long as it does not breech the doctor/patient confidentiality. After you fill lots of papers at the legal department, and the surgeon does not mind been filmed. You can film all you wish. patients can ask for the compensation if anything wrong happens in the surgery. hospital can not stop you from taking patient to another hospital. it is called discharge against medical advice. 

any hospital that receives federal funding must grant equal visitation privileges to all visitors, regardless of whether they're legally or biologically related to the patient.

Hospitals can still restrict visitation to certain hours, limit the number of visitors, or deny access to patients based on safety concerns. hospitals holds patients as hostages if the bill is unpaid which is illegal. you can ask for the bills and reason for the extra expenses.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

So many questions.

 

One minimum attendant is required as per rules and even hospital will ask for that for their safety.

Then its on the wisdom of attendant to come under various pressure to act the way hospital want. 

The discharge summary will contain all details. Also take all reports also. Check and confirm this.

You can not refuse to pay but later you can approach consumer court for refund. 

Ankur Goel
Advocate, Bangalore
454 Answers

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