Medical report of appellant’s deceased brother were denied u/s 8(1)(e) & 8(1)(d) - CIC: Patient has a right to his/her medical record even from a private hospital; furnish the desired medical reports to the appellant within 15 days of receipt of order
The Complainant is present. The Public Authority is represented by Dr.Anirudha Pande, Consultant(ENT), Babu Jagjiwan Ram Memorial Hospital, GNCTD, Delhi. On request of complainant (hereinafter use as appellant) this complaint be treated as appeal as he is seeking information.
2. The appellant filed RTI application on 1.7.2013 with regard to medical report of Mr Ramlal. PIO by reply dated 16.7.2013, claim exemption of section 8 (1)(e) & 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of Right to information Act, 2005. Being aggrieved, the appellant preferred First Appeal on 23.7.2013. FAA replied on 20.8.2013, upholding the order of PIO. Being unsatisfied with the information provided, the appellant preferred Second Appeal before the Commission.
3. Heard the submissions made by both the parties. The appellant is seeking the medical report of the deceased patient, who is his brother. The doctors are expected to furnish the case sheet of the deceased patient within 72 hours of his death to his relatives, as per rules. The Commission feels that it is highly unreasonable on the part of the respondent authority to deny the medical reports to the relatives.
4.The Commission had in its Order dated 24072014 in Ms.Nisha Priya Bhatia Vs. Institute of HB & AS, GNCTD [CIC/AD/A/2013/001681SA] with regard to the Right of Patient/relatives to the medical record of patients had observed as follows: “The Patient has a right to his/her medical record, which is rooted in Articles 19 and 21 of Constitution of India, and Respondent Hospital Authorities, whether public or private hospitals, have a duty to provide the same under Right to Information Act, 2005, Consumer Protection Act, 1986, the Medical Council Act, 1956 and world medical ethics read with Constitutional rights. The Public Authority has to develop a time frame mechanism of disclosure of medical records to patients or their relatives with safeguards for privacy and confidentiality of the patient. The Information Commissions can enforce this right to information of patients, (consumers of medical services) against both Government and Private Hospitals, whether they are public authorities or not, as per section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005.” The Commission, therefore, directs the respondent authority to furnish the desired medical reports to the appellant within 15 days from the date of receipt of this order. The appeal is disposed of.
(M. Sridhar Acharyulu)
Citation: Shri Naresh Kumar v. Babu Jagjiwan Ram Memorial Hospital in File No.CIC/DS/C/2013/900427SA