conflict of rules

[snkmoorthy]

when institutional rules forbid giving information, is the individual who applies for information under RTI entitled for information? please consider the following case: a patient who left the hospital against medical advice is not given any medical record as per institutional rules; he has now applied for copies of case records of his treatment under RTI. The staff member of the hospital who is a designated PIO dealing with the case - what should he do? dear members, please advise.

[ganpat1956]

Unfortunately, the right of patients in our country have not been properly codified, as the consumer law is still an emerging concept. But certain cases decided at the apex level indicate that the records of the patient needs to be provided and failure will amount to deficiency in service. Please refer to the thread : Bitter pill for doctors in this connection.

The rules of an institution cannot override the law of the country and information available on record needs to be provided. If the PIO feels that he is not having the authority to do so in view of the outdated rules of the institution, he should immediately take up the matter(in writing) with his superior/the Public Authority and seek his guidance/approval.

[karira]

snkmoorthy,

I read somewhere recently (just within the last 2 weeks or so) that Supreme Court has passed an order whereby it is obligatory on the Hospital/Medical Institution to provide the patient with all medical records within a "X" number of days.

I tried searching for it but cannot get it.

Please try searching for it once again.

[jps50]

I think this will be of use to you:
Failure to give this vital information constitutes deficiency in the service provided
by the doctor and he would be held liable for the consequences of such deficiency, the apex consumer court has said (Dr V.K. Ghodekar vs Sumitra Prahlad Korgaonkar, RP No. 1727 of 2002, decided on May 22, 2008).

In an earlier case (Dr Shyam Kumar vs Rameshbhai Harmanbhai Kachhiya, RP No. 1486 of 2001), the apex consumer court had pointed out that a doctor was duty bound to inform the patient about the details of the disease afflicting him, the various alternatives available to him and the risks involved in the proposed treatment. Failure to do so constituted negligence in the service provided.

[ganpat1956]

Originally Posted by karira

I read somewhere recently (just within the last 2 weeks or so) that Supreme Court has passed an order whereby it is obligatory on the Hospital/Medical Institution to provide the patient with all medical records within a "X" number of days.

I tried searching for it but cannot get it.

Karira,
It is available in our own portal too. Bitter pill for doctors