By Ally Jamah
Kenya: For the first time in Kenya’s history, there will be an official charter that will protect the rights of patients seeking treatment in private and public hospitals and health facilities.
Among the rights contained in the new charter are the right to refuse treatment, right to informed consent to treatment, right to information, right to a second medical opinion, right to complain and right to donate organs upon death.
The charter, which was formulated by health stakeholders was supposed to be launched by the Ministry of Health before the last general elections, but it has to await the new Cabinet Secretary to assume office. The draft of the charter was adopted at a national stakeholders’ forum on February 20.
After its launching and subsequent enactment into law, healthcare providers will be expected to apply the charter while providing services to patients.
The doctor handling a patient must give him or her full and accurate information about the nature of the illness, diagnostic procedures, proposed treatment, alternative treatment and the costs involved except in cases of emergency. This must be done in an easy-to-understand language.
The patients have a right to a second medical opinion from any other qualified medical health professional if they so desire, regarding diagnosis, procedures, treatment and/or medication.
Confidentiality
Patients have a right to complain about health services to the relevant authorities and such complaints should be investigated and response given within a reasonable time that does not exceed twelve months. Where there is a delay, reasons must be provided.
Currently, the Medical Practitioners and Dentists Board, which investigates complains of medical negligence claims there is no fixed limit with which to determine the cases before.
Often, it takes several years to return a verdict. This delay often puts off many patients from reporting complaints against hospitals or doctors.
Compiled by Dr Peter Kiama Wangai, the only medical lawyer in Kenya, the charter is meant to inform patients of their rights and responsibilities thus empowering them to demand quality services from healthcare providers. It also provides guidelines for resolution of conflicts that may arise between the patient and healthcare providers.
According to the charter, patients may refuse, withdraw or withhold treatment. However, this refusal must be documented in writing by the health service provider in the presence of a witness. This documentation is necessary when the refusal or withdrawal creates an immediate danger to the patient or the health of others.
Under the charter, patients have the right to have all their treatment and medical information kept confidential by the health professional unless the patient gives express permission or disclosure is provided by law or in public interest. Confidentiality obligations remain in force even after death of the patient.