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Does non maintenance of medical record by the doctor amounts to "Professional Misconduct"?

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Dr KK Aggarwal & Advocate Ira Gupta    23 June 2019

If the doctor does not comply with the provisions of MCI Code of Ethics, then the doctor is liable for disciplinary action. One of the acts or omissions on the part of doctor, which can invite disciplinary action against the doctor, is non maintenance of medical record. The provisions of MCI Code of Ethics are as follows:

“7. Misconduct: The following acts of commission or omission on the part of the physician shall constitute professional misconduct rendering him/her liable for disciplinary action:

7.2 If he/she does not maintain the medical records of his/her indoor patients for a period of three years as per regulation 1.3 and refuses to provide the same within 72 hours when the patient or his/her authorised representative makes a request for it as per the regulation 1.3.2.“

Whether it is Government hospital or private, under whatsoever name may be, or the clinical establishments covered by Section 2 (c) of 2010 Act or the Medical Council of India Act, shall be liable to maintain the medical record and provide to patient or their attendants. Regulation 1.3 of the Regulations framed by the medical Council of India (supra) requires that medical record shall be provided within 72 hours as and when demanded. The provision contained in Regulation 1.3 is applicable equally to all clinical establishments, private or State sponsored like individual medical professionals, hospitals, medical colleges, nursing homes, universities etc. Even if 2010 Act has not been applied, the definition of clinical establishment contained in 2010 Act, may be borrowed for the purpose of implementation of Regulation 1.3 framed by the Medical Council of India. (Judgement dated 12.09.2014Hon’ble High Court of Allahabad Lucknow Bench in the matter “Sameer Kumar versus State, Misc. Bench No. 11289 of 2013)

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