Right to Second Opinion

Last updated on Jun 16, 2022

Every patient can approach another doctor to obtain a second opinion. In other words, if you want to explore more options or you are dissatisfied with treatment, you can obtain a second opinion. This right to second opinion protects the freedom of a patient to seek the medical care that the patient thinks is best and most appropriate.1. A patient is free to go for a second opinion to any doctor of his choice. The hospital/doctor where he received the first opinion have the following duties2:

  • The doctor cannot hold back a patient from asking for a second opinion by withholding medical records, reports or demanding to release them at a cost.
  • The hospital administration is duty-bound to respect this right of a patient. For instance, if the patient comes back to the first hospital after obtaining a second opinion.
  • The hospital/doctor should not discriminate or treat the patient disrespectfully.
  • Any differences of opinion among doctors should be frankly and impartially explained to the patient or his family.
  1. Section 2.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002[]
  2. Charter of Patient Rights, Ministry of Health and Family Welfare[]

How useful was this post?

Click on a star to rate it!

Average rating 5 / 5. Vote count: 1

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Patient Rights in India

Patients' Rights include specific laws which guide medical health professionals in maintaining a standard of care and treatment of patients.

Obtaining Information About Medical Records or Reports

Patients have the right to obtain authentic information regarding their medical condition, method of treatment and options for treatment.

Right to Confidentiality, Dignity and Privacy

All medical professionals have to maintain the highest level of confidentiality regarding the private details of the patient.

Right to Choose Source for Medicines/Tests

Patients have the right to decide where they want to buy medicines from or where they want to get tests done from.

Choosing Alternative Treatment Options

A patient has the right to choose the treatment course once the doctor has informed the patient of all the options.

Non-Discrimination Among Patients

Doctors and medical personnel cannot refuse treatment on the grounds of gender, sexuality, caste, religion, race or place of birth.