Hyderabad: All patients can now access their medical records at both private and government hospitals under the Right to Information Act.
At a recent hearing Central Information Commissioner Madabhushi Sridhar said that the right of a patient to his medical records is rooted in Articles 19 and 21 of the Constitution under the Right to Information Act 2005, Consumer Protection Act, 1986 and the Medical Council Act, 1956.
This right is, however, is not limited to records held by public authorities alone but also to corporate hospitals and individual doctors who treat patients.
The appellant, a senior official at the RAW (Research and Analysis Wing) was detained for a month at the Institute of Human Behavior and Allied Sciences because of a false medical report and suffered severe trauma.
The CIC judgement upheld the right of a patient to access his/her medical records. The CIC directed the Institute of Human Behavior and Allied Sciences GNCTD to provide the information sought within 30 days and issued a notice to show cause why maximum penalty cannot be imposed on the then PIO for withholding the information saying that it comes under the non-applicable clause of the RTI Act.
RAW officer Nisha Priya Bhatia alleged a conspiracy by her organisation and an attempt to brand her as mentally sick just because she had filed several complaints, which she said were necessitated by compelling circumstances. She then exercised her right under the Right to Information Act, and filed an application seeking information such as certified copies of her case, correspondence, reports, commentaries, entries regarding diet, among others.
“Petitions and complaints filed by the appellant contain serious allegations about the slapping of criminal cases by and against her. While she was charged with attempt to commit suicide under Section 309 of IPC, she charged senior officers with criminal defamation under Section 499, 500 of IPC. Many more complaints including sexual harassment were filed and an inquiry was conducted. The appellant was referred to Institute of Human Behavior and Allied Sciences GNCTD by the Delhi High Court,” the order said.
