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drmanishpandey

We are having a private hospital.Can a advocate ask for a patients record and case paper under RTI act to lodge a case against us in court of law.Is RTI act is applicable to private bodies(hospitals).

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colnrkurup

A competent Advocate has many means to get what he wants; but not under RTI Act. The RTI Act in normal circumstances has nothing to do with a private Hospitals

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snkmoorthy

drmanishpandey, private institutions are immune from RTI act; so, a lawyer or anybody else cannot use RTI act to get information. however, it is obligatory on the part of the hospitals [even private ones] to supply xerox copies of case sheets of patients if demanded by the patient or his counsellor, in the State of Maharashtra; the expenses can be charged to patients. the Bombay High Court has given such judgment in one case and till today it prevails in the State of Maharasthra.i dont know which state you are from.even otherwise, it would be prudent to give the patient, a case summary as the hospital loses nothing by doing so.

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bahl_ajay

This news article may not be directly related to RTI Act but still is of immense importance to those trying to seek information relating to their medical records by way of RTI Act. Most of this times this info is denied as a number of private hospitals/clinics are not covered under the RTI Act.

As reported in Ashisha.com

http://ashisha.com/consumer/category/consumer-court/

Hospitals ordered to hand over all medical records within 72 hours

June 29 2008

There have been numerous cases in the past where patients have complained that hospitals have been lax in handing over their medical records to them. Hospitals have used this delay as a deterring factor if the patient wants to move to another hospital. In cases where there is a dispute between the patient and the hospital, the patient typically feels that the hospital also uses such delays to get the time to doctor the records. In order to provide the patient with their complete set of medical records fast, the National Consumer Court passed a directive that henceforth hospitals will have to provide either the patient or the authorized representative of the patient, their complete medical records within 72 hours of receiving a request for such records. This judgment is bound to provide relief to patients who would otherwise struggle with trying to get such records from the hospital:

MUMBAI: In a landmark order, the national consumer disputes redressal commission has made it mandatory for all medical practitioners and hospitals across the country to provide the entire medical records of a patient to him\her or the authorised nominee or legal authorities concerned within 72 hours of the demand.

Simultaneously, the commission asked the Medical Council of India to promulgate a comprehensive notification. Accordingly, a week ago, the MCI directed medical practitioners and hospitals to provide the medical records of a patient within three days of the request. “In any set of circumstances, hospitals\medical practitioners shall hand over the medical records of the patient to him or his relatives within 72 hours,” the MCI said in its circular.

This is an excellent judgment, and will go a long way in making sure that the relationship between the doctor and the patient remains smooth, and does not clouded with extraneous factors. Once the patient realizes that the records are easily available and that the hospital is duty bound to provide them, they will start asserting their rights and no longer be fearful that the hospital will try to delay things if they want to change hospitals.

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ganpat1956

Is the information about a third party? Please go through the earlier discussions here.

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My mother admitted in some Pvt. hospital which is under empanelement of Central Govt. Health Scheme, New Delhi and after 5 days she died, now I want to take copies of whole file which includes doctor hand wrriten day to day prescription, report of all tests and examination etc.

 

Therefore, i would like to know whether private hospital / nursing home come under RTI Act, 2005. Please help me in this regard.

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jps50

Private hospitals are not directly under RTI Act. However, patient or his blood relatives/heirs are entitled to all the records of treatment from any hospital and hospital is bound to supply the same. You may make an application to the concerned hospital [against dated acknowledgement or mailed by registered ad post] and if they do not supply within 15-20 days, you may approach Medical Council of India MCI [ Official Website of Medical Council of India]. If MCI does not act in a month, you can use RTI against it by referring following links, since MCI is under RTI Act:

 

Long pending? :

http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html

 

Central Govt. application:

http://www.rtiindia.org/forum/blogs/jps50/19-rti-application-central-govt-info.html

 

Make effective:

http://www.rtiindia.org/forum/blogs/jps50/93-how-make-rti-application-effective.html

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Private hospitals are not directly under RTI Act. However, patient or his blood relatives/heirs are entitled to all the records of treatment from any hospital and hospital is bound to supply the same. You may make an application to the concerned hospital [against dated acknowledgement or mailed by registered ad post] and if they do not supply within 15-20 days, you may approach Medical Council of India MCI [ Official Website of Medical Council of India]. If MCI does not act in a month, you can use RTI against it by referring following links, since MCI is under RTI Act:

 

Long pending? :

http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html

 

Central Govt. application:

http://www.rtiindia.org/forum/blogs/jps50/19-rti-application-central-govt-info.html

 

Make effective:

http://www.rtiindia.org/forum/blogs/jps50/93-how-make-rti-application-effective.html

 

thank u very much, its been a great help thanks once again!

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