3. Rehan's father died due to COVID-19 complications but Rehan felt that the negligence
of the hospital authorities led to his father dying. The hospital in which his father was
admitted is a government hospital. Now, Rehan wants to file a case against the hospital
towards this negligence. He requested the hospital to provide the case papers of his father
health records, admission records and other details of his stay in the hospital. However,
the hospital refused it.
a. Can the government hospital refuse the provision of the documents, if yes under which
law? Please explain the answer with reasons
(5 Marks)
Answers
Answer:
No they have to cure the person if he us giving correct amount
Answer:
Doctors and hospitals must provide a copy of the case or medical record to the patient or their legal representative under The Medical Council Act of 1956
Explanation:
Health care includes protecting citizens from medical negligence by punishing those involved in the crime of medical negligence and providing compensation for the damage caused by the doctor or hospital within the scope of tort or fulfilling the contractual obligation under the Law of Contract.
The Consumer Protection Law is another legislation that aims to prevent negligence and incomplete services, as well as the right to information about the medical treatment given to the patient in the threat of compensation.
The Medical Council of India has placed an obligation on Hospitals to maintain medical records and ensure patient access, as per regulations notified on 11 March 2002 and amended by December 2010. These arrangements have been made with the prior approval of the Central Government by exercising the powers conferred by the Medical Council of India under section 20A of the Medical Council Act of 1956 (102/56) section 33(m). Regarding Professional Conduct, Etiquette, and Ethics for registered medical practitioners, namely:
Retention of Medical Records:
- 1.3.1. Each physician shall maintain the medical records of their closed patients in a standard proforma as determined by the Medical Council of India for a period of three years from the date of commencement of treatment and appended as Annex 3.
- 1.3.2. If a medical record request is made by the patient/authorized companion or the relevant legal authorities, this can be duly accepted and documents are issued within 72 hours.
- MCI ethics regulations 7.2 make it even clearer that non-registration can amount to professional misconduct.
- Abuse/Misconduct: “7.2 If the hospital does not keep the medical records of its patients for three years in accordance with Regulation 1.3 and refuses to provide these records within 72 hours if the patient or his authorized representative makes a statement. Request it according to regulation 1.3.2.”
With the entry into force of the MCI Regulation of 2002, it has been clarified that the patient has the right to request medical records related to his/her treatment and that hospitals are obliged to keep them and provide them to the patient when requested.