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Know Your Rights: Cancer Patient Rights in India You Should Be Aware Of
By Raveena M Prakash
A cancer diagnosis can feel physically, emotionally, and financially overwhelming to a patient and their family. While in the midst of uncertainty, it’s crucial for parents and their families to know that they are not alone. In India, both the central and state governments offer legal protections to the cancer patient. All of these patient rights are designed to ensure dignity, access to early protection, care, and protection against discrimination.
In this blog, we’ll help you to walk through the most important cancer patient rights in India, and let’s get into the blog.
What are the patient rights in India?
The Indian government offers legal rights for patients, especially cancer patients, including receiving care and comfort without any discrimination, being treated with dignity, having the access to their treatment and health status information, and understanding treatment options with risks and benefits.
Across India, patients have the right to informed consent for procedures, the right to privacy and confidentiality, the right to refuse treatment, and the right to seek a second opinion. Additionally, patients also have the rights to quality care, protection from negligence, and the right to seek redressal for grievances.
1. Right to free and subsidized treatment
In India, both Central and State government schemes offer free and subsidized treatment to those in need, even people diagnosed with cancer, especially for weaker economic sections.
India offers free and subsidized treatment for the citizens based on the fundamental right to health under Article 21of the constitution, which is also supported by the National Health Policy, Ayushman Bharat- Pradhan Mantri Jan Arogya Yojana (AB- PMJAY), and other state- specific schemes.
In India, the Supreme court has interpreted the right to health as a part of the fundamental right and life and personal liberty under Article 21, which includes the right to live with human dignity.
Here are some of the Initiatives of Government of India, including:
Ayushman Bharat (PM-JAY)
Health Minister’s Cancer Patient Fund (HMCPF)
State- government funded schemes
2. Right to informed consent and full disclosure
In India, the right to informed consent and full disclosure is a part of fundamental rights for patients, including those who are diagnosed with cancer, integrated as a part of Article 21of the Constitution by the supreme court of India.
Patients have the legal and ethical right to be fully informed about:
- Their diagnosis results
- Available cancer treatment options
- Risks and benefits of the treatments
- Costs involved for the treatment
3. Right to choose or refuse treatment
The constitution of India offers an Indian patient the right to choose or refuse cancer treatment, and this right is recognised under Article 21 of the Constitution, that guarantees the right to life and liberty, which contains the right to live with dignity and make choices which affects patients' overall health.
Each cancer patient in India has the right to choose or refuse any form of treatment, even if it’s recommended by the consulting doctor.
These may include:
- Choosing an alternative cancer treatments or therapies
- Seeking second opinion
- Selecting for palliative care over any type of aggressive treatments
4. Right to Non-discrimination
In India, the right to non-discrimination for patients, including cancer patients, is protected under the Indian Constitution through the Right to Equality under Article 14 and the Right to Life under Article 21, which guarantees dignity, care, and comfort to all.
Medical professionals can’t deny any type of treatment based on a patient’s caste, religion, gender, sexuality, and place of birth, or any specific illness.
5. Right to Health Insurance
Cancer patients are eligible for health insurance claims in India, and often provided there was no pre-existing condition, which is a crucial part for influencing claiming coverage and its benefits.
Here are some regulations, these may include:
- IRDAI (Insurance Regulatory and Development Authority of India) has guaranteed that any insurance coverage should not be refused without any justifiable reason to individuals with severe medical conditions like cancer.
- There are some specific cancer insurance policies that are available from insurers like LIC, HDFC, ERGO, and Star Health.
6. Right to access Generic Medicines
In India, all the citizens have the right to access generic medicines, this is often supported by government initiatives like Jan Aushadi Scheme and Drug Price Control Order (DPCO).
Here are some government initiatives to promote generic medicine access:
- Pradhan Mantri Bhartiya Jan Aushadi Pariyojana (PMBJP): Under these schemes, it provides generic medicines at the lowest costs.
- Drug Price Control Order (DPCO): These schemes helps to caps the price of essential cancer medicines
- Medical Council of India Regulations
7. Right to Palliative care and pain management
Patients across the nations have the right to get the benefits of Palliative care and pain management in India. In India, the access to palliative care and pain management is generally considered as a Fundamental Human right.
Under Indian Medical Ethics and Supreme Court guidance, all the Indian citizens have the right to get palliative care and pain management. Palliative care is about improving the quality of life of a patient with complete care and comfort.
8. Right to Dignity and Respect
In India, the Hospitals and healthcare professionals are legally responsible and ethically accountable for offering the right to dignity and respect.
Some of these rights include:
- Treat all cancer patients with compassion and respect.
- Maintain patient’s privacy and confidentiality
- Avoid any types of humiliation or negligence.
If you experience any types of violations regarding your patient right then report to State Medical Councils or Consumer Protection Forums.
9. Right to employment protection
Some cancer patients, especially those undergoing any type of cancer treatment or remission, can learn:
- Any kind of medical leave under employee policies
- Benefits under the Employees State Insurance Scheme (ESIC) or EPFO
In some selected cases, the disability certification is for long-term conditions that impact an ability to work.
10. Right to legal support and Redressel
If you are a cancer patient and any of your rights are denied, then patients and their caregivers can file a complaint to the Medical Council of India or State Medical Council to address your concerns.
You can also approach the Consumer Court for any type of medical negligence or incidents like overcharging on treatments. Patients can also seek help from NGOs offering legal aid like Cansupport, Lawyer’s Collective, and the Indian Cancer Society.
Consult Today
Cancer diagnosis takes a toll on the patients, while understanding the patient rights can empower patients and many families to move ahead of the treatment with more confidence and control. As we all know, awareness is the first step towards advocacy.
At Oncare, we offer premium-quality cancer treatments, including advanced cancer surgeries, at affordable price ranges with an experienced cancer specialist consultation.
If you or any loved ones of yours are diagnosed with cancer, then visit Oncare Cancer Center and book an appointment with our cancer specialist. Get an estimated cost of your cancer treatments today!
Frequently Asked Questions
Here are some of the benefits of Ayushman Bharat, including:
- Health coverage up to 5 lakh rupees.
- Provides complete coverage including medical examination, treatment, consultation, medicines, and medical consumables
- Pre- and Post hospitalization expenses for up to 15 days
- Offers hospital services
- Cashless treatment
- No age limit or family size cap limit
Here are the benefits for Indian Citizen:
- Affordable quality cancer medicines
- Reduced healthcare costs
- Wide range of products
- Healthy lifestyle
Here are some of the trustable health insurers that offer coverage to cancer patients. These may include:
- HDFC
- LIC
- ERGO
- Star health
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