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| | The Legal Needs Network is not currently active and cannot accept new posts | | GEN: Medical records | Views: 321 | | Jan 19, 2005 1:35 pm | | GEN: Medical records | # | 
Kalyan Kumar Ghosh | | This post was given on the Bangalore Business Network by Asish Dutta
"Hi,
Recently an MNC Bank and its associated private insurance company refused to give me copy (or original) of my medical record stating - as per law they can not give.
I find this very strange. Doesn't one has a RIGHT of ACCESS to one's own medical record?
Would appreciate if any one can enlighten me on the matter.
Ashis"
Can members throw some light on thisPrivate Reply to Kalyan Kumar Ghosh | | Jan 19, 2005 1:57 pm | | re: GEN: Medical records | # | 
Suresh Menon | | Dear Kalyan
This is ridiculous. As per law they cannot say that they cannot give.
The Indian Medical Council (Amendment) Act 2001, published in the Gazette of India on 03 September 2001 says (among others):
"Requests for medical records from patients should be acknowledged and issued within 72 hours of request"
I say this very authoritatively as I was heading a panel which went into the possibility and devising a scheme for computerization of medical records of all citizens of the country, and ultimately linking them to the National ID Card, which would include fingerprinting of every citizen above 5 years of age.
You have a clear case against them. You can download the said amendment act from the web, or I may be able to help you with it.
Further still, the MNC company has no business to either possess, retrieve, store, publish or transmit the medical records of any individual including its employees. Same case for insurance companies also. They are at the most entitled to an extract of the relevant sections of interest provided to by them by a registered medical practitioner. The fact that these big two are in possession of the said records by itself is an offence under our own country's laws.
Pls inform aasish abt this, and ask him to take it up. But before he gets into action, ensure that things are clearly documented. Otherwise, they may simply turn the tables against him saying they never know of such a thing.
Suresh Menon
Sushma Multimedia
> Kalyan Kumar Ghosh wrote:
> This post was given on the Bangalore Business Network by Asish Dutta
>
>"Hi,
>
>Recently an MNC Bank and its associated private insurance company refused to give me copy (or original) of my medical record stating - as per law they can not give.
>
>I find this very strange. Doesn't one has a RIGHT of ACCESS to one's own medical record?
>
>Would appreciate if any one can enlighten me on the matter.
>Ashis"
>
>Can members throw some light on this Private Reply to Suresh Menon | | Jan 20, 2005 8:07 am | | re: re: GEN: Medical records | # | 
Kshmendra Narain | | Dear Suresh
I had posted your reply on the subject matter to the NCR Delhi Network, without prior permission.
I hope that you wudnt mind the same.
There has been a query on the same:
Ksmendra,
Could you check with Suresh whether this law also applies also to the records for the medical examination that was done at cost of the mNC bank
Thx
Could you advise on the above.
Thanks a lot
Regards
Ksh
> Suresh Menon wrote:
> Dear Kalyan
>
>This is ridiculous. As per law they cannot say that they cannot give.
>
>The Indian Medical Council (Amendment) Act 2001, published in the Gazette of India on 03 September 2001 says (among others):
>
>"Requests for medical records from patients should be acknowledged and issued within 72 hours of request"
>
>I say this very authoritatively as I was heading a panel which went into the possibility and devising a scheme for computerization of medical records of all citizens of the country, and ultimately linking them to the National ID Card, which would include fingerprinting of every citizen above 5 years of age.
>
>You have a clear case against them. You can download the said amendment act from the web, or I may be able to help you with it.
>
>Further still, the MNC company has no business to either possess, retrieve, store, publish or transmit the medical records of any individual including its employees. Same case for insurance companies also. They are at the most entitled to an extract of the relevant sections of interest provided to by them by a registered medical practitioner. The fact that these big two are in possession of the said records by itself is an offence under our own country's laws.
>
>Pls inform aasish abt this, and ask him to take it up. But before he gets into action, ensure that things are clearly documented. Otherwise, they may simply turn the tables against him saying they never know of such a thing.
>
>Suresh Menon
>Sushma Multimedia
>
>
>
>
>> Kalyan Kumar Ghosh wrote:
>> This post was given on the Bangalore Business Network by Asish Dutta
>>
>>"Hi,
>>
>>Recently an MNC Bank and its associated private insurance company refused to give me copy (or original) of my medical record stating - as per law they can not give.
>>
>>I find this very strange. Doesn't one has a RIGHT of ACCESS to one's own medical record?
>>
>>Would appreciate if any one can enlighten me on the matter.
>>Ashis"
>>
>>Can members throw some light on thisPrivate Reply to Kshmendra Narain | | Jan 20, 2005 9:00 am | | re: re: re: GEN: Medical records | # |
Suresh Menon | | Hi
You have a beautiful sanskrit name, but a bit tough for the normal typewriter keyboard Kshemendra.
I have no objections at all for ur post transfer without permission. I was only putting out something that has been printed in the official gazette of our country.
To the other query ... medical records at the expense of the MNC. ....
A medical record is basically something very personal, and something that has powers perhaps more than a copyright issue. It is something that is not transferable, which also leads to the fact that it cannot be possessed by anyone else other than the person in question.
The MNC has tested the citizen on its expense only to determine if the person is capable of discharging duties to the organization. It has to be interested only in the inferences from the medical examination. It will still have no right to claim ownership of the medical record under any law. It has tested the citizen, it had come to certain conclusions, and had acted appropriately in its own interest, and that is why they paid for it. There ends its hold over it. The reports are the property of the citizen / patient, and no person has the right to hold onto them claiming that it is their property.
Unless the patient / citizen himself authorizes another person (the MNC / a consultant physician) to hold onto the medical reports through a written permission of course. Please check out this aspect. It is quite possible that there was a clause in small print the concerned person has signed with the MNC that apart from giving the permission for medical examinations, they can hold onto it too. But this can be argued in the patient's favor easily, by the lawyers out here.
It may be noted that apart from the law enforcers (with sufficient reason), no one other than the citizen can even peruse the medical records without authorization. All others, including the MNC, Insurance, even the Health planners can have only a summary of inferences from the medical reports, not the actual report by itself, except if called for in severe and extreme cases of a national disaster. (eg. Plague, Cholera, etc.)
Suresh Menon
> Kshmendra Narain wrote:
> Dear Suresh
>
>I had posted your reply on the subject matter to the NCR Delhi Network, without prior permission.
>
>I hope that you wudnt mind the same.
>
>There has been a query on the same:
>
>
>Ksmendra,
>
>Could you check with Suresh whether this law also applies also to the records for the medical examination that was done at cost of the mNC bank
>
>Thx
>
>Could you advise on the above.
>
>Thanks a lot
>
>Regards
>Ksh
>
>> Suresh Menon wrote:
>> Dear Kalyan
>>
>>This is ridiculous. As per law they cannot say that they cannot give.
>>
>>The Indian Medical Council (Amendment) Act 2001, published in the Gazette of India on 03 September 2001 says (among others):
>>
>>"Requests for medical records from patients should be acknowledged and issued within 72 hours of request"
>>
>>I say this very authoritatively as I was heading a panel which went into the possibility and devising a scheme for computerization of medical records of all citizens of the country, and ultimately linking them to the National ID Card, which would include fingerprinting of every citizen above 5 years of age.
>>
>>You have a clear case against them. You can download the said amendment act from the web, or I may be able to help you with it.
>>
>>Further still, the MNC company has no business to either possess, retrieve, store, publish or transmit the medical records of any individual including its employees. Same case for insurance companies also. They are at the most entitled to an extract of the relevant sections of interest provided to by them by a registered medical practitioner. The fact that these big two are in possession of the said records by itself is an offence under our own country's laws.
>>
>>Pls inform aasish abt this, and ask him to take it up. But before he gets into action, ensure that things are clearly documented. Otherwise, they may simply turn the tables against him saying they never know of such a thing.
>>
>>Suresh Menon
>>Sushma Multimedia
>>
>>
>>
>>
>>> Kalyan Kumar Ghosh wrote:
>>> This post was given on the Bangalore Business Network by Asish Dutta
>>>
>>>"Hi,
>>>
>>>Recently an MNC Bank and its associated private insurance company refused to give me copy (or original) of my medical record stating - as per law they can not give.
>>>
>>>I find this very strange. Doesn't one has a RIGHT of ACCESS to one's own medical record?
>>>
>>>Would appreciate if any one can enlighten me on the matter.
>>>Ashis"
>>>
>>>Can members throw some light on this Private Reply to Suresh Menon | | Jan 20, 2005 9:14 am | | re: re: re: GEN: Medical records | # |
Suresh Menon | | This is an added post ... not sure if it will be of help to the concerned.
In 2000, my wife went thru a near death experience due to a ruptured ectopic pregnancy, which was unfortunately diagnosed late. The hospitalization expenses were very heavy, and I approached Mediclaim with a claim. They asked for the original medical reports, which was denied by me. I instead gave them a xerox version which was attested by the physician concerned, in the presence of a Mediclaim field officer. My claim was later rejected and the reason cited was the non-availability of original records.
As luck wud have it, I was part of the previously mentioned team as its head shortly afterwards, and I took the matter to court. The court declared in my favor that medical records are my property, and no agency can lay claim over it. They will have to process the application based on inferences from the records, and if necessary personal discussions with the physician concerned at their expense. But the court stopped short of awarding a compensation as the insurance agency declared that they will re-investigate the claim.
However, they came back in sharp time with a reply that they have in small print 'Terms and Conditions' that anything related to pregnancy does not qualify for the claim. This happened in Coimbatore courts, where I was at that point of time, and anyone with access to the records may check out for details. Am not a legal person myself.
Since then, till date, I dont pay medical insurance. So many people came up asking me to pay up, but when I insist on reading the small print, funny statements come up. Examples in ICICI Prudential ... (not the exact words though)
- A person will be considered as having had a Heart Attack only if atleast 2 chambers of the heart fail, and as a result of which the person has been hospitalized for atleast 16 days on external ventilator. He will be awarded compensation after a discharge summary indicates that he will not need any further treatment for the same cause.
- A person will be considered as handicapped due to an accident if he loses atleast 2 limbs in an accident. Only in this case will the medical claim be honored.
If any of you have subscribed and have not been given a copy of the small print (it is a booklet of over 40 pages - beware!) call them up now and ask them a copy. and HAVE FUN.
Suresh Menon
> Kshmendra Narain wrote:
> Dear Suresh
>
>I had posted your reply on the subject matter to the NCR Delhi Network, without prior permission.
>
>I hope that you wudnt mind the same.
>
>There has been a query on the same:
>
>
>Ksmendra,
>
>Could you check with Suresh whether this law also applies also to the records for the medical examination that was done at cost of the mNC bank
> Private Reply to Suresh Menon | | Jan 20, 2005 9:57 am | | re: re: re: re: GEN: Medical records | # |
Kshmendra Narain | | Hi
Thanks for the compliments on my name.
And will post ya reply , without and fear to the other network.
Thanks
Regards
Kshmendra
> Suresh Menon wrote:
> Hi
>
>You have a beautiful sanskrit name, but a bit tough for the normal typewriter keyboard Kshemendra.
>
>I have no objections at all for ur post transfer without permission. I was only putting out something that has been printed in the official gazette of our country.
>
>To the other query ... medical records at the expense of the MNC. ....
>
>A medical record is basically something very personal, and something that has powers perhaps more than a copyright issue. It is something that is not transferable, which also leads to the fact that it cannot be possessed by anyone else other than the person in question.
>
>The MNC has tested the citizen on its expense only to determine if the person is capable of discharging duties to the organization. It has to be interested only in the inferences from the medical examination. It will still have no right to claim ownership of the medical record under any law. It has tested the citizen, it had come to certain conclusions, and had acted appropriately in its own interest, and that is why they paid for it. There ends its hold over it. The reports are the property of the citizen / patient, and no person has the right to hold onto them claiming that it is their property.
>
>Unless the patient / citizen himself authorizes another person (the MNC / a consultant physician) to hold onto the medical reports through a written permission of course. Please check out this aspect. It is quite possible that there was a clause in small print the concerned person has signed with the MNC that apart from giving the permission for medical examinations, they can hold onto it too. But this can be argued in the patient's favor easily, by the lawyers out here.
>
>It may be noted that apart from the law enforcers (with sufficient reason), no one other than the citizen can even peruse the medical records without authorization. All others, including the MNC, Insurance, even the Health planners can have only a summary of inferences from the medical reports, not the actual report by itself, except if called for in severe and extreme cases of a national disaster. (eg. Plague, Cholera, etc.)
>
>Suresh Menon
>
>> Kshmendra Narain wrote:
>> Dear Suresh
>>
>>I had posted your reply on the subject matter to the NCR Delhi Network, without prior permission.
>>
>>I hope that you wudnt mind the same.
>>
>>There has been a query on the same:
>>
>>
>>Ksmendra,
>>
>>Could you check with Suresh whether this law also applies also to the records for the medical examination that was done at cost of the mNC bank
>>
>>Thx
>>
>>Could you advise on the above.
>>
>>Thanks a lot
>>
>>Regards
>>Ksh
>>
>>> Suresh Menon wrote:
>>> Dear Kalyan
>>>
>>>This is ridiculous. As per law they cannot say that they cannot give.
>>>
>>>The Indian Medical Council (Amendment) Act 2001, published in the Gazette of India on 03 September 2001 says (among others):
>>>
>>>"Requests for medical records from patients should be acknowledged and issued within 72 hours of request"
>>>
>>>I say this very authoritatively as I was heading a panel which went into the possibility and devising a scheme for computerization of medical records of all citizens of the country, and ultimately linking them to the National ID Card, which would include fingerprinting of every citizen above 5 years of age.
>>>
>>>You have a clear case against them. You can download the said amendment act from the web, or I may be able to help you with it.
>>>
>>>Further still, the MNC company has no business to either possess, retrieve, store, publish or transmit the medical records of any individual including its employees. Same case for insurance companies also. They are at the most entitled to an extract of the relevant sections of interest provided to by them by a registered medical practitioner. The fact that these big two are in possession of the said records by itself is an offence under our own country's laws.
>>>
>>>Pls inform aasish abt this, and ask him to take it up. But before he gets into action, ensure that things are clearly documented. Otherwise, they may simply turn the tables against him saying they never know of such a thing.
>>>
>>>Suresh Menon
>>>Sushma Multimedia
>>>
>>>
>>>
>>>
>>>> Kalyan Kumar Ghosh wrote:
>>>> This post was given on the Bangalore Business Network by Asish Dutta
>>>>
>>>>"Hi,
>>>>
>>>>Recently an MNC Bank and its associated private insurance company refused to give me copy (or original) of my medical record stating - as per law they can not give.
>>>>
>>>>I find this very strange. Doesn't one has a RIGHT of ACCESS to one's own medical record?
>>>>
>>>>Would appreciate if any one can enlighten me on the matter.
>>>>Ashis"
>>>>
>>>>Can members throw some light on thisPrivate Reply to Kshmendra Narain | | Aug 13, 2006 3:25 am | | re: re: GEN: Medical records | # | 
Hardeep Sodhi | | Hi All !
Appreciate advice on this :
A Hospital takes in a patient wherein one of the condition of admission is that " In case of Medico Legal / Insurance Cases the Medical Reports and Records will not be given to the patient".
This condition has been accepted by the Patient's relative during admission.
Also accepted is the " General Consent" which states that " eventualities are always in the hands of God and hence no guarantees can be given for results and there is always the possibilty of unexpected complications".
The operation under consideration was - at the moment - not an essential requirement but where different medical personnel had different opinions ( but no guarantees any which way ) of if an operation was the ideal route at the moment. The hospital was ultimately chosen because of its high repute and assurances ( verbal, during OPD meets )given by its Doctors of their competence in performing the procedure.
Unfortunately serious complications indeed ocurred during the operation.
Questions :
- Can the Records and reports be denied to the patient since it is an Insurance case ?
- Due complications which happened during operation patient has suffered serious trauma, with lifelong complications and expenses. Can the Hospital be held liable for the same ?
- Can the patient publicise the bare facts of the case as they actually are to the media, websites etc. so that at least other patients in similar situations can take better informed decisions ?
- Can anyone point me to lawyers competent in taking this case further, in case tere is any merit in the same ?
Appreciate v. much all informed inputs .. via this board or as a PM to me.
Thanks much - and I really do hope and pray none of us ever faces these kind of dilemmas / situations !
best
hardeepPrivate Reply to Hardeep Sodhi | | |
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