The law Ministry has asked the Health Ministry to ensure that patients are not denied the right to obtain medical records from hospitals. The communication came in the wake of an order by Central Information Commission that provided for disclosure of such information to a former RAW official. The Ministry said, “most of the time the hospital authorities do not provide details of the medical record or the treatment given to a patient.”
The letter addressed to Union Health Secretary lov Verma made a reference to CIC’s July 23 to emphasize that a patient has a right to his/her medical record which is rooted in Article 19 and 21 of the Constitution. The hospital authorities too have a duty to provide the same under RTI Act, Consumer Protection Act, Medical Council Act and medical ethics.
“If there are existing instructions to this effect, the same need to be reiterated and the concerned authorities sensitized about the same,” said the letter, written by law Secretary PK Malhotra.
In the event there were no 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”, the letter added.