KARIUKI: Upholding patient rights key to better healthcare

The Kenya Medical Practitioners and Dentists Council Inquiry and Disciplinary Proceedings (Procedure) Rules 2022 plays a critical role in safeguarding patient rights by establishing a structured, transparent and fair process for addressing complaints against health facilities, medical and dental practitioners.

These rules, enacted under the Medical Practitioners and Dentists Act, provide a framework for investigating allegations of professional misconduct, malpractice, or breaches of standards, ensuring accountability and upholding the quality of healthcare services.

Since 1997, these rules have enabled the council to determine 1,403 out of the 1,737 reported cases of professional misconduct, malpractice, or breaches of standards. The remaining 334 cases are at various stages of resolution, including review, hearing and mediation.

The significance of the rules in protecting patient rights can be understood through several key aspects. The rules empower patients to seek redress by formalising the process for lodging complaints.

Patients have the right to quality healthcare, as enshrined in Article 43 of the Constitution, which guarantees the highest attainable standard of health.

The 2022 rules ensure that when this right is violated, whether through negligence, unethical behaviour, or substandard care, patients or their representatives can bring their grievances to KMPDC. This mechanism reinforces the National Patients’ Rights Charter, which includes the right to complain about healthcare services and have those complaints investigated.

These rules also promote fairness and due process in disciplinary proceedings. They outline clear procedures for inquiries, including the roles of the disciplinary and ethics committee, the rights of the accused practitioner or health facility to a hearing, and the steps for evidence review.

By ensuring that investigations are thorough and impartial based on medical evidence, patient records and submissions from both parties, the rules protect patients, practitioners and health facilities from arbitrary or biased outcomes while promoting accountability. This balance strengthens public trust in the healthcare system, a vital component of patient rights.

Further, the rules enhance accountability and deterrence. The KMPDC, through these procedures, can impose sanctions such as licence suspension, mandatory professional development, or referral for criminal prosecution when misconduct is proven. 

This not only addresses individual cases but also serves as a deterrent, encouraging practitioners to adhere to ethical and professional standards. For patients, this translates to safer healthcare environments where their rights to competent and ethical treatment are prioritised.

Finally, the rules indirectly support patient empowerment by making the disciplinary process more accessible and transparent. While the system focuses on disciplining practitioners rather than compensating victims, it provides a platform for patients to have their voices heard and their experiences validated.

This aligns with the broader goal of ensuring that healthcare providers respect patient dignity, safety and well-being.

In conclusion, the KMPDC Inquiry and Disciplinary Proceedings (Procedure) Rules 2022 is essential in upholding patient rights by providing a mechanism to address grievances, ensuring accountability and fostering a healthcare system that prioritises ethical practice and patient welfare. They bridge the gap between legal rights and practical enforcement, reinforcing the commitment to quality healthcare for all Kenyans.

The writer is  CEO, Kenya Medical Practitioners and Dentists Council