NEW DELHI, August 22, 2014 – :Patients have a right to get their medical records from hospitals and the Health Ministry should issue instructions to ensure that such documents are not denied, the Law Ministry said today.
Against the backdrop of a Central Information Commission judgement ordering disclosure of information to a former RAW official, the Law Ministry has pointed out that “most of the time the hospital authorities do not provide details of the medical record or the treatment given to a patient. ..
In a letter to Union Health Secretary Lov Verma, Union Law Secretary P K Malhotra has said that according to the CIC’s July 23 order, a patient has a right to his/her medical record which is rooted in Article 19 and 21 of the Constitution and the hospital authorities have a duty to provide the same under RTI Act, Consumer Protection Act, Medical Council Act and world medical ethics dealt with constitutional rights.
“If there are existing instructions to this effect, the same need to be reiterated and the concerned authorities
sensitised about the same,” Malhotra wrote.
He said if there are no existing instructions, the Health Ministry may consider issuing suitable orders or rules so that patients get copies of their medical record including details of treatment, “as a matter of right.”
Sources in the Law Ministry said easy availability of medical records will help patients avoid approaching courts or quasi judicial bodies for remedy.
He said the instructions can be issued based on the CIC order.
Nisha Priya Bhatia, a former official of Research and Analysis Wing, had sought her medical records from Institute of Human Behaviour and Allied Sciences where she was admitted on the orders of Delhi High Court.
These records were refused to her as the institute cited Section 8(1)(h) of the RTI Act which allows an authority to withhold information which would impede an investigation.
Rejecting the contention, information commissioner Sridhar Acharyulu had said patients have a right to their medical records which is rooted in Articles 19 and 21 of the Constitution and respondent hospitals have a duty to provide it.
He said information commissions can enforce this right to information of patients against both government and private hospitals, whether they are public authorities or not, as per Section 2(f) of the RTI Act, 2005.
The commissioner said hospitals have a duty to provide the same under Right to Information Act, 2005, Consumer Protection Act, 1986, the Medical Council Act, 1956 and world medical ethics read with constitutional rights.
Bhatia had alleged before the Commission that her superiors got antagonised against her for no reason, started withdrawing her privileges as an officer, gradually and ultimately her chair was also removed leaving her with no place to sit and work.
Bhatia had alleged that there was a “deliberate conspiracy” and attempt to depict her as a mentally sick person just because she had filed complaints against her superiors.
“The background stated suggests that she is in dire need of the medical records to tell the world that she was not mentally sick but fit and also for defending her case before the appropriate forum,” Acharyulu had noted. Economic Times
