Why should I share my story?

By sharing your story – or that of a loved one – you will help us highlight recurring health care barriers that place other patients like you at risk. You will help bring awareness to your particular problem so other patients won’t have to suffer the same denials, delays and anxiety that you have.

  1. Isn’t health care information supposed to remain confidential? 
    • My Patient Rights places a high priority on ensuring that personal health care information remains confidential. You don’t have to include specific health-related details in your story, but instead explain how denials or delays to health care treatments or services have affected your health.
  2. Will AIPRG.ORG post my story to this website? 
    • My Patient Rights may share a portion of, or the full submission of, your story on this website so that others can learn about the problems you faced when accessing the quality, affordable health care you deserve. We will contact you first to get your permission before sharing your story.
  3. Will AIPRG.ORG help me resolve my complaint or grievance? 
    • AIPRG will provide you the information you need to contact the local patient group, Ethical doctors , the appropriate contact at state/ National regulatory or Legal agencies who can assist you in resolving a complaint or grievance. AIPRG members will help highlight the case to the concerned authority/ Media etc.
  4. Can the patient or other decision maker find out about the patient’s medical condition
    and proposed treatment? 

    • Yes. Patients or other decision makers have a right to be fully informed by a doctor about their medical condition and the doctor’s proposed treatment. Patients must give informed consent before any non-emergency treatment or procedure. Informed consent means that after information is given about the benefits and risks of treatment (as well as alternatives to the treatment) permission is given to go ahead with the treatment.
  5. What is LAMA vs LAMA vs DOPR? What are patient rights in case of Discharge? 
    • Patients leaving against medical advice are a common worldwide problem in hospitals, both in wards and emergency departments. Such patients have been variously labeled as DAMA, LAMA, absconding or DOPR.
    • DAMA or discharge against medical advice is when the patient discharges himselffrom the hospital, but the discharge has not been authorized by the treating doctor.
    • LAMA or left against medical advice again means that the patient leaves the hospital against the advice of the doctor; but, a LAMA patient may also leave without informing or the patient may walk out of the ward.
    • A patient who leaves the hospital without informing the ward/hospital staff can also be said to be absconding.
    • Discharge on patient request or DOPR is when a patient asks or requests to leave the hospital. In such a situation, the patient leaves the hospital against medical advice but with the consent of the treating doctor.
    • Regardless of the terminology used, such circumstances have clinical, ethical and legal implications.
    • The treating doctor is still liable, even in DOPR. Informed consent is critical here meaning that the patient has decided to leave the hospital of his free will, without any coercion, at the same time fully understanding the risks of leaving the hospital, benefits of hospitalization, alternatives including possible consequences of refusing the doctor’s recommendations. The doctor has a duty to provide safe discharge in such cases, which also includes a follow-up advice in addition to the above mentioned.
    • The Hospital has duty to provide Ambulance for Discharge of patients under DAMA/LAMA/DOPR.
    • The subsequent decision of the patient to decline the advice of the doctor is termed informed refusal, which is an integral component of informed consent.
    • It is not just enough to simply record that the patient has requested DOPR, it is essential to document the entire process of informed consent along with informed refusal.
    • Failure to obtain an informed refusal before accepting the patient’s decision to leavethe hospital makes the doctor vulnerable to prosecution for medical malpractice.
    • Patients who leave the hospital against medical advice (DAMA/LAMA/DOPR) are at risk of adverse or poor health outcomes because of incomplete treatment, which may increase the risk of re-hospitalization or they may suffer an acute potentially life-threatening event.
  6. What Is MEDICAL NEGLIGENCE - DEFINITIONAL ASPECTS Consumer Court  Negligence is simply the failure to exercise due care. The three ingredients of negligence are as follows:
    1.  The defendant owes a duty of care to the plaintiff.
    2.  The defendant has breached this duty of care.
    3.  The plaintiff has suffered an injury due to this breach.
    4.  In a medical negligence case, most often, the doctor is the defendant.
  7. Where is a Medical Negligence complaint for compensation filed?
    1. A complaint can be filed in
      1. the District Forum if the value of services and compensation claimed is less
        than 20 lakh rupees,
      2.  before the State Commission, if the value of the goods or services and the
        compensation claimed does not exceed more than 1 crore rupees, or
      3. In the National Commission, if the value of the goods or services and the
        compensation exceeds more than 1 crore rupees.
  8.  Criminal liability for medical negligence cases in India
    1. Under the Indian Penal Code [IPC], the following provisions deal with medical
      malpractice.

      1. Sections 52 – Good faith
      2. Section 80 – Accident in doing a lawful act
      3. Section 81 – Act likely to cause harm, but done without criminal intent,
        and to prevent other harm
      4. Section 83 – Act of a child above seven and under twelve of immature
        understanding
      5. Section 88 – Act not intended to cause death, done by consent in good faith
        for person’s benefit
      6. Section 90 – Consent known to be given under fear or misconception
      7. Section 91 – Exclusion of acts which are offences independently of harm
        caused
      8. Section 92 – Act done in good faith for benefit of a person without
        con­sent
      9. Section 304A / 304 Part II – Causing death by negligence
      10. Section 337 – Causing hurt by act endangering life or personal safety of
        others
      11. Section 338 – Causing grievous hurt by act endangering life or personal
        safety of others
      12. Under the IPC, a doctor can be charged with a criminal offence for
        medical negligence. Section 304A lays down that whoever causes death of a
        person by a negligent or rash action not amounting to culpable homicide
        shall be punished with imprisonment for a term of two years, or with a fine,
        or with both. Courts have interpreted this provision of the IPC as a
        punishment for medical negligence.