The Health Rights

Dec 1, 2020. Wk 1, Vol 1.

29
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The Nigeria health care system has been near death than to life. The public hospitals lack proper funding to measure up to the required standard. Cases of inadequate drugs, obsolete or no diagnostic/ treatment equipment, inadequate medical personnel, caused by migration to other climes for a more conducive practicing environment, have been decried by hospital managements as albatross to their functions.  Yet the over 200million population in Nigeria are, by right, expected to be provided good health.

Truly, government alone can not meet the health needs of the people even globally, there is therefore the need for private partnership. This is why there are many private health facilities spread all over the country. Though, some of the unrated or mere medical shops, they still fill the void created by inadequate public health facilities.

But right to health and good health is a fundamental human right. World Health Organization (WHO) 1946 declaration defines right to health as “the enjoyment of the highest attainable standard of health” that should be available to all, regardless of race, religion, political belief, economic or social condition. This declaration which United Nations countries including Nigeria signed to, suggest that economic status does not determine the quality or standard of health that an individual can access.

The right to health requires that governments policies and actions must be geared towards available and accessible health care for all in the shortest possible time.

In Nigeria, health right is not only a fundamental right, it is a constitutional right as well. Chapter 2, section 17(3) directs state to direct its policy towards ensuring that there are adequate medical and health facilities for all persons. There is even an act of the parliament, National Health Act 2014, that mandated the states to provide the best possible health services to all and sundry.

The Nigeria’s Consumer Protection Council and stake holders in the health sector took health right issue to a more pragmatic dimension when they launched Patients Bill of Rights in 2018. At the launch of the bill, a 12 rights document, Nigeria’s Vice President, Prof. Yemi Osinbajo said “Today, we take a definite step in ensuring peoples’ rights in the healthcare sector, which are truly respected and protected in part because no one in our country is insulated or immunised from needing medical services.  Essentially, our comfort, lives and life expectancy are in part determined by the quality and delivery of healthcare services.”

The Patient Bill of Rights intends to add value to health delivery system and also to compliment government policies and funding interventions in health sector. Prof. Yemi Osinbajo at the launch stated that the bill will ensure that the increasing funding for health care in Nigeria translates into direct improvement in the quality of the final output.

The Patient Bill of Rights provides and guarantees the following Rights

1. Right to relevant information in a language and manner the patient understands including diagnosis, treatment, procedures, and other possible outcomes.

Right to relevant information in a language and manner the patient understands including diagnosis, treatment, procedures and other possible outcomes.

2. Right to timely access to detail and accurate medical records and available services

Right to timely access to detail and accurate medical records and available services

3. Right to transparent billing and full disclosure of any cost including recommended treatment plan

Right to transparent billing and full disclosure of any cost including recommended treatment plan

4. Privacy and confidentiality of medical records

Privacy and confidentiality of medical records

5. Right to clean, safe, and secure health-care environment

Right to clean, safe and secure health-care environment

6. Right to be treated with respect regardless of gender, race, religion, ethnicity, allegation of crimes, disability, or economic circumstances

Right to be treated with respect regardless of gender, race, religion, ethnicity, allegation of crimes, disability or economic circumstances

7. Right to receive urgent, immediate, and sufficient intervention and care in the event of an emergency

Right to receive urgent, immediate and sufficient intervention and care in the event of an emergency

8. Right to reasonable visitation in accordance with prevailing rules and regulations

Right to reasonable visitation in accordance with prevailing rules and regulations

9. Right to decline or consent to participation in medical research, experimental procedures or clinical trials

Right to decline or consent to participation in medical research, experimental procedures or clinical trials

10. Right to quality care in accordance with prevailing standards

Right to quality care in accordance to prevailing standards

11. Right to complain and express dissatisfaction regarding services received

Right to complain and express dissatisfaction regarding services received.

These rights are good in their own rights, some of them are easily interpretable while some are not, therefore difficult to enforce or proof and easily violated by the care givers. For instance, right to quality care in accordance to prevailing standard and some other rights are qualitative right that is not measurable. And therefore, easily violated. Though the bill compels hospital employees and medical staff not to violate the patient right, but it can only be effective when the patient knows his or her rights have been violated

For the Patient Bill of Rights to be effective and to achieve the desired result on health care services, both the care providers and the patients must perform their responsibilities. Patient must seek information from the care giver about scope of services available, credentials of the care providers. The bill mandates the care provider to provide such relevant information to the patient. It is your right to be involved in the billing process at the consultation stage. Discuss the bill with the care provider until you are satisfied. It is meet and right so to do. If you are not comf0table with the physician that is attending to you, it is your right to ask the hospital management for a change.

Ask questions, ask until you are satisfied. The Patient Bill of Rights makes you an active participants with the service provider in the health care. And if you feel your rights are violated file a complaint with the management of the health facility, if management failed to resolve the complaint, approach Consumers Protection Council for redress.

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Dare Agbeluyi is a 1985 graduate of Mass Communication, University of Lagos. And Master of Arts, Communication and Language Arts, University of Ibadan, 1988. A very experienced media practitioner since 1986. He has worked in both print and broadcast media. A prolific writer; He became a columnist with The Punch where he pioneered the automobile column known as Automart, now metamorphosed to Transport column published every Wednesday, while still working officially as senior Advertorial Coordinator, in charge of supplements. He is an all-around media practitioner. In 1996, Dare started media brokerage, interfacing between agencies and media, leveraging on his media experience to bulk and sell cheaper. A versatile media man, who has a knack for creative writing. He is also a prolific scriptwriter. Dare is an independent media content provider for radio, print and digital. Dare Agbeluyi is in the full membership category of the Advertising Regulation Council of Nigeria (ARCON).

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