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Legal Limit for Preservation of Medical Records

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Emedinexus    25 May 2024

The National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 regulate that every self-employed RMP shall maintain medical records of patients (inpatients) for 3 years from the date of the last contact with the patient for treatment, in a standard proforma laid down by the NMC.

 

•    The retention period for medical records for central government hospitals are stated in Chapter 12 of the “Hospital Manual” published by the Directorate General of Health Services, MOHFW, GOI vide letter No. 10-3/68-MH dated 31-8-68, of the DGHS as follows: 

 

•    For inpatient medical records (case sheet): 10 years 

•    For medicolegal registers: 10 years 

•    For outpatient records: 5 years 

•    At least 3 to 5 years, as per Clinical Establishments Act 2010 

•    Section 24A of the Consumer Protection Act, 1986, Limitation period, states that the District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. However, this section also provides for condoning the delay in filing a complaint if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period. Hence, the records may be required even after 3 years. 

Records of medicolegal cases should be maintained until the final disposal of the case even though only a complaint or notice is received. 

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