Rights and Responsibilities of Patients
The Universal Declaration of Human Rights (1948) emphasizes the fundamental dignity and equality of all human beings. Based on this concept, the notion of Patient Rights has been developed across the globe in the last few decades. There is a growing consensus at international level that all patients must enjoy certain basic rights. In other words, the patient is entitled to certain amount of protection to be ensured by physicians, healthcare providers and the State, which have been codified in various societies and countries in the form of Charters of Patient’s Rights. The National Council for Clinical Establishments has approved that a patient and his/her representative has the certain rights with respect to the clinical establishments
Rule 9 of the Clinical Establishments Act, 2012: Balancing Regulatory Authority and Professional Autonomy in Healthcare
This blog examines Rule 9 of the Clinical Establishments (Registration and Regulation) Act, 2012, which empowers state governments to regulate fees charged by healthcare facilities in India. It analyzes the potential conflict between this regulatory power and the constitutional right of medical professionals to practice their profession freely (Article 19(1)(g)). The paper explores relevant legal precedents and academic commentary to understand the delicate balance between ensuring patient welfare through regulation and upholding the autonomy of healthcare providers.