A Review Of Nigeria’s Patient’s Bill Of Rights: By Onyema Nneamaka

Introduction What is a Patient’s Bill of Right? A Patient’s Bill of Rights (PBoR) is a list of guarantees for those receiving medical care. It may take the form of a law or a non-binding declaration. Typically, a Patient’s Bill of Rights guarantees patients information, fair treatment, and autonomy over medical decisions, among other rights. Patient’s Bill of Rights is very important in Health Care because a patient should be able to know what they have a right to. It protects both a patient and a hospital. Some of ohese rights are guaranteed by Federal Laws; the 1999 Constitution of the Federal Republic of Nigeria, such as the right to get a copy of your medical records, and the right to keep them private, the National Health Act 2012 and various codes of ethics for healthcare practitioners. Many states have additional laws protecting patients. On the 31^st day of July 2018, the Vice President of the Federal Republic of Nigeria, Prof. Yemi Osibanjo SAN launched Nigeria’s first Patient’s Bill of Rights (PBoR) in Abuja. The Consumer Protection Council (CPC), other stakeholders, and The Federal Ministry of Health have developed the Patient’s Bill of Rights to protect the consumers. The PBoR is an aggregation of patient’s rights and it is to serve as an acceptable standard for health care service delivery and ensure optima consumer’s satisfaction in the health sector. Though not a statutory instruments, rights of consumers can be enforced through existing legal frameworks pursuant to the provisions of extant laws having similar rights and in certain circumstances, have stipulated penalties for breach of patient’s rights. The Vice President speaking on behalf of the Federal Government at the launch says that the service is designed to provide all patients with high quality health care in a manner that clearly recognizes individuals’ needs and rights.  He says “Our aim must be to develop a standard worthy of emulation, by ensuring strict compliance with and the enforcement of the Patient’s Bill of Rights. We must hold ourselves – professionals and patients – accountable to the rights that this document enunciates, and when we see others who should, but do not, we must insist that they do.” RIGHTS COVERED BY THE BILL.

1. Right to Relevant Information: patients have the right to have access to all relevant information in a language that he/she understands, including complete and accurate information about diagnosis, treatment, and prognosis, other procedures and possible outcomes. This right extends to being fully participatory in implementing the treatment plan and in making decisions.

The healthcare service provider has the responsibility to inform patient about services that are available at the facility and eligibility based on health insurance or out-ofpocket costs and responsibilities and also to inform patient whether proposed treatment or procedure is experimental or part of ongoing research.

2. Right to Timely Access to Medical Records: right to access to records by the patient; including explicit information about range and scope of services available.

Patients also have a right of access to record of the identity, skills and credentials of treating professionals and care providers published by the Federal/State Ministry of Health or other relevant authorities. Healthcare service provider has the responsibility to conspicuously display scope of practice and available services; and customer care phone numbers, email addresses and other contact information and also to communicate clearly with patient, including, providing translation in the case of language barrier, or adaptation in the case of other disabilities.

3. Right to Transparent Billing: Patient’s right to full disclosure of cost of recommended treatment plan services and transparent and itemized billing.

The healthcare service provider has a responsibility in the event of an emergency; provide immediate and sufficient intervention and care, prioritizing such needed attention over other factors including cost and payment.  Cost providers have a right to fees and therefore should use legal means to recover fees owed.

4. Right to Privacy: healthcare service receiver has a right to privacy and confidentiality of all information and medical records unless disclosure is vital and in the interest of public health in accordance with prevailing law therefore, an healthcare service provider has the responsibility to respect and maintain patient’s personal records, except disclosure by operation of law or in the interest of public health.

5. Right to Clean Healthcare Environment: patient right to access to clean, safe and secure healthcare environment and equitable quality care and caregivers, irrespective of disability. While the healthcare service provider has the responsibility to deliver care that minimizes risk and harm to patients, including preventable injury and errors.
6. Right to be treated with Respect: every healthcare service receiver has the right to be treated with respect and dignity, without prejudice to gender, religion, race, and ethnicity, allegation of crimes, geographical location, disability or socio-economic circumstances. While the healthcare service provider has the responsibility to ensure comprehensive information, guidance and support to bereaved relatives.
7. Right to Receive Urgent Care: patients has the right to receive urgent, immediate and sufficient intervention and care in the event of an emergency, prioritizing such needed attention over other factors including cost and payment, as well as law enforcement requirements therefore healthcare service provider has the responsibility to immediately evaluate patients with medical emergencies, including prioritization where necessary and to maintain a sufficiently responsive and efficient 24-hour uninterrupted emergency unit in the facility.
8. Right to Reasonable Visitation: patients also have the right to visitors including for religious purposes according to the rules and regulations of the facility subsequently, healthcare service provider has the responsibility to inform patients and relatives of visitation rules upon admission and any subsequent modification and to also conspicuously display visitation rules/schedule of the facility.

9. Right to Decline Care: patients at all times, retain the control of their person and must be informed of their power to decline care upon full disclosure of the consequences of such decisions. Providers of healthcare services has a responsibility to recognize that minors (less than 18 years) are under the care of parents or guardians whose consent must be secured in clinical management and procedures to the extent permitted by law.

10. Right to Decline or Accept to Participate in Medical Research: Patients preserve the right to consent or decline participation in medical research, experimental procedures or clinical trials in the course of treatment therefore, all medical research, experimental procedures or clinical trials must comply with approved ethical procedures.  

11. Right to Quality Transition of Care: Patient’s right to be informed about impending interruption or disengagement of services of primary or attending professionals responsible for patient’s care and methodical and practical transition of treatment for patients’ safety and continuity of care. To render sufficient intervention to in-patients and emergency cases in the event of inevitable service interruption.

12. Right to Complain and Express Dissatisfaction Regarding Services Received: Patients reserve the right to express dissatisfaction regarding service and/or provider, including personnel changes and abuse.

Provider of healthcare services has the responsibility to maintain records of complaints and redress procedure of the facility and address complaints in accordance with procedure. Conclusion The Launch of the Patient’s Bill of Rights which was developed by the Consumer Protection Council (CPC) in collaboration with the Federal Ministry of Health and other stakeholders is a commendable step by the Federal government as it will ensure that the increasing funding that is coming into healthcare in Nigeria translates into a direct improvement in the quality of the final output at what one might call the ‘last mile’ phase of healthcare delivery, the very personal arena of interaction between health personnel and the beneficiaries of the healthcare”. By; Onyema NNEAMAKA Principal Partner at LinkedLegal Attorneys Email: linkedlegalattorneys@gmail.com Tel: +2348039625141]]>