When a child dies under hospital care, grief often seeks answers—and accountability. This case explores what happens when the request for medical records becomes a legal flashpoint, and the question of “who asked, and how?” takes center stage.
Irrefutable Facts
A 3-year-old patient was referred to the hospital’s PICU and was being treated under the care of paediatrician. Unfortunately, the patient passed away the following day.
The patient’s father filed a complaint against the hospital with District Consumer Forum, alleging that the medical records were not provided. A fax report was produced to show that the hospital had received the application seeking medical records.
Although the medical records were seized by the police and a receipt was submitted to the District Consumer Forum, the hospital was held negligent. However, in this judgment, the higher court set aside the order issued by the District Consumer Forum.
Hospital’s Plea
It was stated that complete medical records of the deceased patient had been seized by the police, which prevented the hospital from providing the original papers and case sheets.
It was further stated that the patient’s father was advised to consult the higher centre for baby’s medical care, but he disregarded the advice.
Court’s Observations
The court made a striking observation regarding the fax report that patient’s father “has not made clear in which capacity he sought documents”. The court questioned how the lower court relied solely on this document without verifying its authenticity, to hold the hospital negligent.
After reviewing the seizure report and the relevant provisions of IMCR 2002, the court observed that medical records could not be provided to the attendant within the stipulated time due to its’ seizure by police.
Hence, the court did not hold the hospital negligent.
Prevention Is Better Than Cure
- When providing medical records to attendants / relatives, exercising greater care andcontemplation is important. Verify the identity as well as the relationship of the requester, especially when such requests are made remotely. Strict confidentiality of patient information must be maintained, even for deceased patients. This case serves as an excellent example of this factual aspect.
- Admittedly, as per IMCR 2002 guidelines, hospitals / doctors may be considered negligent if they fail to provide medical records within 72 hours of the patient’s / attendant’s request. However, valid reasons for delay should be documented and presented in a court of law.
Source : Mascot Hospital & Research Centre v/s Manoj Upadhyay & Anr.
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