JUDGEMENT

03 08 2023 Date of filing 10 03 2023 Duration 04 --

order passed by the Ld. District Commission, Bhavnagar dated 21.10.2022 in complaint no.881/2021. For the sake of convenience, parties are hereinafter referred to by their original nomenclature/status.

3. The brief facts of the complaint are as under:

The late Niranjanbhai Dave was hospitalized for the covid-19 treatment in April, 2021 at HCG Hospital and thereafter he was admitted at Sir T General Hospital, Bhavnagar for the treatment. As per the complainant, late deceased was not treated by the senior doctor and appropriate treatment was not given to the late deceased. Further the information and documents were also not provided to the complainant.

Therefore the complainant has filed complaint against the opponent alleging medical negligence, unfair trade practice and deficiency in service.

4.

Ld. District Commission has dismissed the said complaint.

5. Today matter came up for hearing. We have heard Ld. Adv. Dilip Dave for the appellant and also heard employee of the hospital as well as administrative officer Mr. Trivedi on phone call for respondents.

6. We have gone through the record of this case, it is an averment of the appellant/original complainant that they have sent RTI application to the original opponent Sir Takhtsinhji Hospital, Bhavnagar to get medical documents as all documentary evidence which are laying with them but they have not provided information under RTI Act.

7. It is further an averment of the Ld. Adv. for the complainant that they have on 18.09.2021 submitted all these documents including RTI application but Ld. District Commission has not considered all these documents and dismissed the said complaint.

8. We have gone through the records of this case, copy of RTI Application dated 22.06.2021 of original complainant is on record and in the reply of RTI application in question no.12, opponent has denied to give medical records of the patient.

9. Regard to the providing of discharge summary and medical treatment papers, Medical Council of India has framed rules.

The Medical Council of India has imposed an obligation on Hospitals as per the regulations notified on 11 th March 2002, amended up to December 2010 maintain the medical record and provide patient access to it. These regulations were made in exercise of the powers conferred under Section 20A read with section 33(m) of the Indian Medical Council Act, 1956 (102 of 1956) by the Medical Council of India with the previous approval of the Central Government, relating to the Profession Conduct, Etiquette and Ethics of registered medical practitioner, namely:-

Maintenance of Medical Records:-

1.3.1 Every physician shall maintain the medical record of his/her indoor patients for a period of three years from commencement of the treatment in a standard proforma laid down by the Medial Council of India and attached as Appendix 3.

1.3.2 If any request is made for medical records either patients/authorized attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within the period of 72 hours.”

10. Further in Raghunath Raheja Vs. Maharashtra Medical Council, AIR 1996 Bombay High Court upheld the right of patient to medical record very emphatically Judges M Shah and A Savanth stated:

“We are of the view that when a patient or his near relative demands from the Hospital or the doctor the copies of the case papers, it is necessary that the Hospital authorities and the doctors concerned to furnish copies of case papers to the patient or his near relative. In our necessary for the Medical Council to ensure that necessary directions are given to all the Hospitals and the doctors calling upon then to furnish copies of the case papers and all the relevant documents pertaining to the patient concerned. The hospitals and the d