Most people are conversant with “human rights”, referring to the inherent entitlements to us simply because they are humans.
They are not granted by any state. Human rights are universal. We are all under obligation to respect the rights of others. This is enforced further by the law. But some still violate the rights of others.
In the health sector, patients too, have their rights, which mirror the fundamentals of human rights. Healthcare providers should always ensure they uphold the rights of those who seek their services.
Patients must be aware of their rights as they interact with health practitioners. If a conflict arises between a medic and a patient, a patient’s wishes, more often than not, will prevail. As it may happen, there are times when medics abuse their positions and violate a patient’s rights. These cases have been reported in the media. Some patients have had medical procedures done on them without consent. Some have been denied access to the results of tests carried out on them. Others have been unduly denied access to their medical records. In some of the worst situations, patients have been denied emergency care or unlawfully detained within health facilities.
A patient needs to know their rights. This will be helpful, especially if the patient is dealing with a medic who may be ignorant of these rights and doesn’t understand their obligation towards the patient.
There are times when healthcare providers may act against your wishes, and stand your ground. Remind the doctor of their ethical obligation to uphold your wishes even when they think it is not in your best interest. The law is always in the patient’s favour. The patient has the last word regarding any interventions a hospital or medic may want to take. Never shy away from seeking redress in the event your rights have been violated by a health service provider.
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Escalating the matter to the next senior person, or the healthcare facility’s administration, is usually a good starting point. And if no action is taken, there’s always legal redress. It shouldn’t ever get this far.
However, there have been times when matters have ended up in court. Sometimes it is the only way. The Ministry of Health in Kenya has a published document that details patients’ rights. It is good to read and understand the document. But even in the absence of such a publication, the rights of everyone in the health sector are obvious.
Dr Alfred Murage is a Consultant Gynaecologist and Fertility Specialist.