MediCommunity
Have you ever been dissatisfied from the care you received from a particular dispensary, clinic or hospital? Did you take any actions to ensure it didn't happen again? Well, the section below will inform you of your rights as a Kemyan patient and actions you might take if your rights have been infringed upon.
National Patient’s Right Charter holds that all people have the right to good health and quality healthcare, which includes:
1. Right to access healthcare
2. Right to receive emergency treatment in any health facility.
3. Right to be informed of all the provisions of one’s Medical Scheme/Health Insurance Policy.
4. Right to choose a health care provider.
5. Right to the highest attainable quality of health care products and services.
6. Right to refuse treatment.
7. Right to confidentiality.
8. Right to informed consent to treatment.
9. Right to information concerning one’s health and health care.
10. Right to be treated with respect and dignity.
11. Right to a second medical opinion.
12. Right to complain about healthcare, to have your complaint investigated and to receive a full response thereafter.
13. Right to insurance coverage without discrimination.
14. Right to donate his or her organs and/or any other arrangements/ wishes upon ones demise
1. Right to access healthcare.
Everyone has a right to access healthcare in Kenya. Accessibility means having the ability to obtain healthcare services such as prevention, diagnosis, treatment, and management of diseases, illness, disorders, and other health-impacting conditions.
2. Right to receive emergency treatment in any health facility.
In emergency situations you should receive emergency treatment from any facility even if you do not have the capacity to pay. The emergency treatment should be offered so as to stabilise the patient.
3. Right to be informed of all the provisions of one’s Medical Scheme/Health Insurance Policy.
This basically means that you are you are entitled to know all the priviledges that come with your insurance scheme. Where possible you could also challenge the contents of your insurance cover.
4. Right to choose a health care provider.
You have the right to choose a health care provider and you should not be unduly restricted by any third parties. As long as the health care provider meets all the qualifications. Disclaimer A health care provider also has the right to refuse treatment for reasons they may see fit.
5. Right to the highest attainable quality of health care products and services.
Every person has the right to the highest attainable quality of health care and services.
6. Right to refuse treatment.
As long as you are competent and conscious of your actions, and refusal for treatment does not immediately create a risk for you or any other client, you can refuse, withdraw or withhold treatment. Your doctor will document this in the presence of a witness.
7. Right to confidentiality.
Your health care provider is to keep your health information strictly confidential. Only when you give consent or it is a requirement by law for public interest will such information be disclosed. This applies even in death.
8. Right to Informed Consent.
Informed consent means that you have been given the full and accurate information in a language you understand about your illness, the tests to take, proposed treatment and alternative treatments and their costs for you to make a decision except in emergencies.. You are to make your decision willingly and without duress.
9. Right to information.
You are entitled to receive full and accurate information concerning your health and health care.
You are also entitled to access and obtain information about your health.
10. Right to be treated with dignity and respect.
This right is much overlooked in the Kenyan health care system. Every client regardless of their perceived status is to be treated with dignity and respect.
11. Right to a second opinion.
If you desire another opinion concerning your diagnosis, treatment, tests or procedures, you can as well seek a second opinion from another qualified health professional.
12. Right to complain.
Every person has a right to complain about health services to the relevant authorities. Find the relevant authorities below.
The complainant should receive feedback within the reasonable time frame of 12 months, in case of a delay the relevant authority is to provide reasons for such a delay.
13. Right to insurance cover without discrimination on the basis of age, pregnancy, disability, illness including mental disorder.
14. Right to donate his or her organs and/or any other arrangements/ wishes upon ones demise.
What are the relevant bodies to lodge my complaint concerning health services I received?
- You may lodge your dispute directly with the health care provider, who is to ensure the matter is solved to the satisfaction of all involved parties.
- You may lodge the dispute with the different governing bodies:
a} Kenya Medical Practitioners and Dentists Council – For Medical Doctors and Pharmacists and health facilities. https://kmpdc.go.ke/for-public/
b) The Clinical Officers Council – For Clinical Officers.
c) The Nursing Council of Kenya – For Nurses.
d) Kenya Nutritionists and Dietitians Institute – For Nutritionists.
e) The Kenya Medical Laboratory Technicians and Technologists Board – For Lab Technicians
f) Other governing bodies.
3. You can also lodge your complain to the law courts.