Abstract

RTI Act was enacted in the year 2005 as a progressive and enabling legislation with the object of assigning meaningful role and providing access to the citizens. It ensures openness and transparency consistent with the concept of participatory democracy and constitutional right to seek information and be informed. It also ensures that the Government and their instrumentalities are accountable to the governed and checks corruption, harassment and red tapism, observed by Justice, Sanjeev Khanna of Delhi High Court.

Central Information Commission has examined the issue of right of patient to have the medical records in Nisha Priya Bhatia vs. Institute of Human Behaviour and Allied Sciences GNCTD, File (decided 23 July 2014) and stated “the Patient has a right to his/her medical record and Respondent Hospital Authorities have a duty to provide the same under Right to Information Act, 2005, Consumer Protection Act, 1986, The Medical Council Act as per world medical ethics. The Commission recommended the Public Authority to develop a timeframe mechanism of disclosure of medical records to patients or their relatives with safeguards for privacy and confidentiality of the patient”.

The Medical Council of India has imposed an obligation on Hospitals as per the regulations notified on 11th March 2002, amended up to December 2010 to maintain the medical record and provide patient access to it.

With the enforcement of the MCI Regulations, 2002 it is made clear that the patient has a right to claim medical records pertaining to his treatment and the hospitals are under obligation to maintain them and provide them to the patient on request. [Para 20]

Hon’ble Kerala High Court recognizing the above principle in Rajappan vs. Sree Chitra Tirunal Institute for Medical Science and Technology [ILR 2004 (2) Kerala 150].

In this case the Petitioner was the father of an epilepsy patient who died in the course of treatment in the Respondent Medical Institution, which was a statutory corporation created by the Government of Kerala. After her death, the Petitioner applied for medical records pertaining to the treatment of his daughter. The husband of the deceased was given case summary and discharge record and investigation report. The request of the Petitioner for copies of medical records was declined. Therefore he approached this Court under Article 226 of the Constitution for necessary direction.

Allowing the petition, the High Court extracted relevant regulations of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 as under:

This presentation deals with issues related to applicability of provisions of the Right to Information Act, 2005 in relation to medical practice. Cases decided by various high courts, consumer courts, information commissions and Hon’ble Supreme Court of India will be dealt in brief. This will help medical practitioners to resolve day to day issues emerging due to issue of Right to Information.