Doctors keep vital information from patients — but that may be illegal

Medical records contain vital information about patients’ health status and serve as guides to doctors that follow up patients’ healthcare in various health institutions.

These are essentially medical records of the people with whom patients literally entrust their lives.

But medical lawyers say many health care workers and patients, especially in Nigeria and Africa, seem not to know this.

Patients, according to medical lawyers, have a right to know what doctors say about their health status so they can educate the caregivers in a better way.

For instance, doctors may indicate something in a patient’s file that could physically endanger him or someone else but may not deem it appropriate to give this information to you.

Such a patient can exercise her rights by asking questions about assumed health status and file complaints on their observations.

Patients’ rights also include accessing their health information and correcting or amending such information.

They also can exercise the right to accounting of disclosures of health information; notice of privacy practices and to file complaints.

According to the World Health Organisation (WHO) formalised the Universal Declaration of Human Rights in 1948 to recognise “the inherent dignity and equal and unalienable rights of all members of the human family.’’

According to the organisation, assuring that the rights of patients are protected requires more than educating policy makers and health providers.

“A patient has to be well-informed about his illness, the nature of treatments, likely outcomes and side-effects, if any,” Who said.

“The patient’s consent should be duly obtained before a surgical operation is carried out or any other special treatment is to be given to him and if he does not give his consent to a treatment, his decision must be respected.”

“He may even reject blood transfusion, but the care-giver has a duty to ensure that the patient is making an informed decision by explaining the likely consequences of rejecting a prescribed treatment.”

In the light of this and the need to intimate medical practitioners of the laws that abound in medical practice with regards to patients’ rights, stakeholders have called for the inclusion of medical law in the curriculum of medical schools.

Laolu Osanyin, a medical law expert, observed that most medical practitioners are not familiar with the laws that affect the growth and development of the healthcare system.

He said that most liability of doctors were civil that usually emanated from medical negligence or misconduct claims in which the sanctions were usually compensatory in nature.

Osanyin said that the controversy of the treatment or refusal of treatment of gunshot victims puts the Nigerian doctor, his patient and the Nigeria Police at cross roads.

He quoted section 4(2) of the robbery and firearms (special provision) act, cap 398, 1984, stating that “it shall be the duty of any person, hospital or clinic that admits, treats or administers drug to any person suspected of having bullet wounds to immediately report the matter to the police,’’ to support his argument.

He said that the act did not, however, tell the doctors not to treat gunshot wounds victims even if they were robbery suspects because they were also entitled to treatment but that they should be reported to the police immediately.

Similarly, Afolabi Akinkumi, president, association of residents doctors in Lagos University Teaching Hospital (LUTH), said that patients had the right to complain against poor service.

He, nonetheless, said that a lot of patients are now aware of their rights and make their complaints through the relevant channels provided by the law.

“Most times, some non-governmental organisations are involved in educating patients on their rights,” he said.

“The proper channels to report situations include a written letter to the hospital management and reporting the case to the Medical and Dental Council of Nigeria (MDCN).”

“In a country with a very poor doctor-citizen ratio, patients should ensure they are seen by qualified medical practitioners before they complain.”

“There are lots of quacks and paramedics masquerading as qualified medical practitioners; any patient seen by quacks cannot claim to have rights.”

“Patients can also complain if they have objective evidence of poor treatment by doctors,” Akinkumi said.

He also said that the MDCN was saddled with the responsibility of administering sanctions to erring doctors who were found guilty.

“An administrative panel is expected to have investigated before a doctor is labelled as being guilty,” Akinwumi said.

“Names of the guilty doctors can be struck out of the register for a specified duration and their licence can also be withdrawn permanently.”

To solve some of these challenges, some stakeholders in the health industry have solicited the institutionalisation of patients’ bill of rights comprising the patients, service providers, government and labour.

They note that the production and effective implementation of the proposed bill would help make healthcare accessible to Nigerians and ensure qualitative and affordable service delivery.

Joseph Amenaghawon, programme coordinator, Open Society Initiative for West Africa (OSIWA), observed that some doctors and health workers were not open to patients and their respective families.

He said health management organisations have the responsibility of displaying the requirements and rights of enrolees in their health facilities.

All in all, analysts insist that primarily, patients have the right to know of the existence of any professional relationship among individuals who are treating him, as well as the relationship to any healthcare or educational institutions involved in his care.