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Private Hospitals Must Provide Medical Records Under RTI: CIC Slams Fortis Hospital for Denying Information to a Victim of Medical Negligence

In a scathing judgment delivered yesterday, Central Information Commission (CIC), highest authority for enforcement of the Right to Information (RTI) Act, has directed Fortis Hospital in Delhi to provide the entire medical records to an advocate whose father died from alleged medical negligence (see the entire CIC judgment below). The son claimed that negligence and maltreatment by the hospital caused his father’s death and sought the medical records from the Fortis Hospital to establish his case but the hospital denied his request (under RTI Act) on the plea that the requested information was “private, confidential and privileged”. Rejecting the claim by the Fortis Hospital, CIC has held that malpractice by private hospitals “amounting to medical terrorism”. The CIC has ended this remarkable judgment by calling that the government, MCI and other regulatory authorities have to see that “license to practice medicine will not become license to kill and extort and come to the rescue of the helpless patients”.

CIC Order (Apr, 2015) V. Good Private hospital must provide information

Comments on this entry are closed.

  • S K Thakur April 9, 2015, 8:25 am

    Dear Sir,
    This is very valuable judgement. Thank you for uploading it on this site. It ll help me fight my case also.

  • GYAN PRAKASH CHOUHAN April 9, 2015, 11:02 am

    Dear sir , let me know whether private hospital is only suppose to provide medical record under RTI .Or is government hospital also liable to provide medical record under RTI ? yes / no

    • pbtindia April 9, 2015, 6:36 pm

      All government hospitals are always under RTI Act and as such, they are bound to provide all records under their custody.

  • Ganesh C Mandal April 9, 2015, 11:56 am

    Thanks to PBT for uploaing this information on this site. The public will know how CIC is working promptly.

  • Rabindra Nath Sen April 10, 2015, 2:53 am

    Thanks soooooo much for uploading this judgment of CIc… even I was of the idea , before this judgement, that in RTI obtaining medical record of nearest relatives not possible….really hats off to PBT and CIC…..

  • suresh shukla 10th April, 2015 April 10, 2015, 1:27 pm

    Dear Sir,
    Thank you very much for uploading the judgement of CIC..
    P B T is engaged in noble work by helping people devastated by the death of their relatives caused by wrong treatment by the doctors.
    Thanks once again.

  • Balaprasad April 11, 2015, 11:20 pm

    Dear Sir,

    Thanks for information passing through PEOPLE BETTER TREATMENT. at present days mostly use full the CIC judgement, I try to my level best, inform these message near & dear.

    & once again thanking you to PBT ( Dr.Kunal saha & PBT.)

    Thanking you,

  • Dr Basavaraj Modi April 16, 2015, 12:44 pm

    In larger interest I welcome CIC judgement in bringing private hospitals under RTI act.

    Gone are the days when doctors(Vaidyas,to be precise) were compassionate,honest,considerate,not money minded but service minded & when they were considered on par with God.Remember “Vaidyo Narayanah Hari”?

    Now medical profession has become a lucrative business & most of the doctors have become money minded.Their main aim is to earn money by fair or unfair means. Most of the time it is unfair only!

    They deliberately advise unnecessary investigations,procedures; prescribe unnecessary & costly drugs that too in excess so that they a can swindle off excess to their own medical stores for sale to next patients.

    Even fairly good patients they admit in very costly ICU/ICCU wards instead of fairly cheap emergency wards.

    They solicit patients from charity & Government hospitals by enticing auto rikshaw & ambulance drivers. They pay them commission for that. There are marketing personnels who will see that hospital is full.Quacks are also enetained for this purpose.

    They misuse patient friendly free of cost health schemes.Even they go to extent of submitting false records on-line to claim to claim government reimbursement.

    They never give valid receipts.They just give duplicate receipts & avoid paying all taxes.Even they flout Labour laws by greasing the hands government officials.

    The story goes on unendingly.We thought no body can stop these doctors as society is dependent on them as Government hospitals are good for nothing & good doctors are far & few.

    We are grateful to CIC for having briddled the uncontrolled doctors.

    Public & Governments must fully support CIC & consumer protection act.

    Media must high light this judgement in full & prominently.

  • Mohamed Niyazi April 18, 2015, 11:54 pm

    I had asked certain documents under RTI related to my Son’s birth where he was born in Dr.Soodamani Hospital in Salem, Tamilnadu. It was strange that the Doctor’s in that hospital took in a negative sense and gave me a harsh reply and crossed all the boundaries of being a medical professional and used every either or other reasons for not providing the documents.
    So I applied to the RTI Comissioner in Chennai after waiting for 8 months when my case came on 09/04/2015 RTI Comissioner simply dismissed my case telling I had asked with a private hospital and its a third party information, where as the above judgement came on 07/04/2015. Now this judgement has made a dead man alive and I will fight for my cause till my last breath and will never succumb for any pressure and injustice.

  • Arun Vidyarthi April 24, 2015, 5:56 am

    All concerned are advised to first read “Indian Medical Council
    (Professional Conduct, Etiquette and Ethics) Regulations, 2002” in order to obtain medical records.The relevant clause of the above regulations is given below.
    1.3 Maintenance of medical records:
    1.3.1 Every physician shall maintain the medical records pertaining to his / her indoor patients for a period of 3 years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India and attached as Appendix 3.
    1.3.2. If any request is made for medical records either by the patients / authorised attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within the period of 72 hours.

  • Arun Vidyarthi April 24, 2015, 6:01 am

    Application of RTI Act on private bodies (hospital) is welcome step and will benefit the public at large.

  • Prakash April 29, 2015, 2:16 am

    Malaya hospital Bangalore has not provided notes of my friend despite approaching KMC and consumer court, MCI does not answer any letters or even health minister,
    How do we proceed

    KMC corrupt nanjappa has closed the case without seeing the notes