After the death of a young patient, disputes arose over whether the hospital had erred in not handing over medical records to the family. The case raised critical questions about who can request such records and under what authority.
Irrefutable Facts
A 3-year-old patient was referred to the hospital’s PICU and was being treated under the care of the paediatrician. Unfortunately, the patient passed away the following day.
The patient’s father filed a complaint against the hospital with the District Consumer Forum, alleging that the medical records were not provided. Although the medical records
were seized by the police and their 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 the 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.
Court’s Observations
The court made a striking observation regarding the fax report that the applicant (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 the medical records could not be provided to the attendant within the stipulated time due to the seizure of medical records by police.
The case against hospital was dismissed.
Prevention Is Better Than Cure
When providing medical records to attendants / relatives, exercising greater care and contemplation 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 the same.
Source : Mascot Hospital & Research Centre v/s Manoj Upadhyay & Anr.
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