Legal Rights and Protections for Bangladeshi Patients in India

When Bangladeshi patients seek medical treatment in India, it's crucial that they understand their legal rights and protections. With an increasing number of patients travelling to India for medical care, being informed about these rights ensures that patients receive the appropriate care and are able to address any issues that may arise during their treatment journey. This guide aims to equip Bangladeshi patients with the essential knowledge they need to protect their health and rights while receiving treatment in India.

Key Legal Rights for International Patients in India

Right to Informed Consent

• In India, patients have the right to be fully informed about their treatment options before giving consent. This means that healthcare providers must clearly explain the details of any medical procedure, including potential risks and benefits, so patients can make well-informed decisions about their care.
• This right is particularly important for Bangladeshi patients who may face language barriers, making it essential to ask for clarification if anything is unclear.
• Established: Nuremberg Code (1947) and Declaration of Helsinki (1964)

Right to Safe and Respectful Treatment

• Patients are entitled to receive care that prioritizes safety, minimizing risks through evidence-based practices. Hospitals follow strict hygiene protocols to maintain a clean environment, ensuring dignity and privacy throughout the treatment process.
• Healthcare providers commit to clear, compassionate communication, respecting patient concerns and individuality. Systems are in place to protect patients from harm, with ongoing efforts to improve safety and prevent errors.
• Established: WHO Patient Safety Program (2004)

Right to Privacy and Confidentiality

• Indian regulations strictly protect the privacy and confidentiality of patient information. Healthcare providers are legally required to safeguard all personal and medical data.
• For Bangladeshi patients, it’s important to be aware of these protections and to take additional steps, such as verifying who has access to their information, to ensure their privacy is respected.
• Established: HIPAA (1996) in the US, influencing global standards, India Code.

Right to Non-Discrimination

• In India, the law prohibits any form of discrimination in healthcare settings, ensuring that patients receive equal treatment regardless of their nationality.
• This right ensures that Bangladeshi patients are treated with the same level of care and respect as any other patient, helping to alleviate concerns about potential biases.
• Established: Universal Declaration of Human Rights (1948)‍

Legal Protections Against Medical Negligence

Consumer Protection Act, 2019

• Patients can file complaints against healthcare providers if they are unhappy with the service under the Consumer Protection Act (CPA) of 2019.
• The Act allows patients to seek help for issues like medical negligence, not getting proper consent and false advertising.
• Complaints can be made at different levels: District, State, or National Consumer Disputes Redressal Commissions, depending on how much money is involved.
• There is an option for mediation to settle disputes in a friendly way without going to court.

The Role of Patient Advocacy in India

Patient advocacy refers to the support services available to patients to ensure they receive appropriate care and that their rights are protected. Advocates act as intermediaries between patients and healthcare providers, helping to resolve issues, clarify medical information, and ensure that patients' voices are heard.

Key Functions:

• Communication Support: Advocates help patients understand complex medical information and treatment options, ensuring they can make informed decisions.
• Rights Protection: They ensure that the patient’s legal rights are upheld, including the right to informed consent, privacy, and access to medical records.
• Dispute Resolution: Advocates can mediate disputes between patients and healthcare providers, addressing concerns about treatment quality, billing issues, or perceived negligence.

Resolving Common Issues

• Language Barriers: For Bangladeshi patients, language can be a significant barrier. Patient advocates can provide or arrange for translation services, helping to bridge communication gaps between patients and doctors.
• Misunderstandings About Treatment: Advocates ensure that patients fully understand their treatment plans and help clarify any misunderstandings or miscommunications with healthcare providers.
• Navigating the Healthcare System: Patient advocates can assist in navigating the often-complex Indian healthcare system, guiding patients through the process of obtaining second opinions, switching doctors, or accessing specialist services.

How to Access Patient Advocacy Services

• Hospital-Based Services: Many hospitals in India, especially those with international patient departments, offer in-house patient advocacy services. Bangladeshi patients can request these services upon admission.
• Independent Organisations: Several independent organisations and NGOs such as BRAC provide patient advocacy services, focusing on protecting patient rights and offering support in case of disputes or negligence claims.
• Legal Support: In cases where legal action is necessary, patient advocates can refer patients to legal professionals who specialise in healthcare law.