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Is it obligatory for hospitals to provide a copy of the case record to the patient or his legal representative?

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eMediNexus    06 February 2023

Yes, it is obligatory for doctors, hospitals to provide the copy of the case record or medical record to the patient or his legal representative.

 

The Medical Council of India has imposed an obligation on doctors as per the Indian Medical Council (Professional Ethics, Etiquette & Conduct) Regulations, 2002 notified on 11th March 2002, amended up to December 2010, to maintain the medical record and provide patient access to it.

 

Maintenance of Medical Records:

 

1.3.1. Every physician shall maintain the medical records pertaining to his/her indoor patients for a period of three years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India and attached as Appendix 3.

 

1.3.2. If any request is made for medical records either by the patients/authorized attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within the period of 72 hours.

 

With the enforcement of the MCI Regulations, 2002, it is made clear that the patient has a right to claim medical records pertaining to his treatment and the doctors/hospitals are under obligation to maintain them and provide them to the patient on request.

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