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Medical regulations and RTI Act


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Medical regulations and RTI Act

 

as reported in the Hindu by Staff Reporter Jun 03, 2010

 

Bangalore: Indian law recognises that medical privilege is available to the doctor and the patient except in the most unusual circumstances, where public interest demands disclosure, said R. Venkat Rao, Vice-Chancellor, National Law School of India University.

 

Delivering a lecture on “Recent advances in medical law, old wine in a new bottle?” on the occasion of the Foundation Day of the Rajiv Gandhi University of Health Sciences in Bangalore on Tuesday, he said the Indian judiciary has crafted the principles of medical law with care, borrowing from common law where appropriate and modifying it to suit Indian circumstances.

 

Prof. Rao pointed out that the courts have observed that in a doctor-patient relationship, the most important aspect is the doctor's duty of maintaining secrecy. The doctor cannot disclose to a person any information regarding his patient, which he has gathered during the course of treatment. He also cannot disclose to anyone else the mode of treatment or the advice given by him to the patient.

 

Confidentiality

 

The confidentiality required to be maintained of the medical records of a patient, including a convict, considering the regulations framed by the Medical Council of India cannot override the provisions of the Right to Information Act. “If there be inconsistency between the regulations and the RTI Act, the provisions of the Act will prevail and the information will have to be made available under the Act, he said.

 

About pain

 

 

Delivering a lecture on “Is there a meaning for suffering?” Thimmappa Hegde, Director and Senior Consultant Neurosurgeon, Narayana Hrudayalaya, said “pain and suffering are not the same. Pain is something one will have to endure but suffering is completely voluntary”.

 

 

The Hindu : Karnataka / Bangalore News : Medical regulations and RTI Act

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