3 days ago
Medical records should be made available to patients promptly: Consumer court
Kochi: To ensure transparency and accountability in healthcare sector, doctors should write prescriptions in clear handwriting and also mention generic drug name. Medical records should be made available to patients promptly, as directed by Ernakulam district consumer disputes redressal forum.
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Court observed that medical records should be provided digitally to patients or relatives in real-time while ensuring patient privacy.
According to Section 2(9)(ii) of Consumer Protection Act and Indian Medical Council Professional Conduct, Etiquette & Ethics Regulations of 2002, obtaining medical records is a patient's right. The bench, comprising D B Binu, V Ramachandran and T N Srividya, evaluated that it is an integral part of constitutional right to life.
Authorities should inform patients of their right to access medical records upon hospital admission.
Court directive came while dismissing a complaint filed by Saiju Mujeeb of North Paravur against Lourdes Hospital, Ernakulam. Complaint was dismissed as Mujeeb could not present strong evidence of medical negligence against the opposing doctor and hospital. It said that no deficiency in service was established.
Complainant was not able to prove that treatment administered deviated from accepted professional norms or that the later complications were proximately caused by any act or omission of the opposite parties.
It suggested secure digital delivery of medical records through patient portals, encrypted email or verified messaging applications, ensuring compliance with applicable data protection laws. Implementation of interoperable electronic health record (EHR) systems to promote seamless access and continuity of care was recommended.
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Disclosure to patients at the time of admission or discharge regarding their right to receive records in physical or digital format, with an option to indicate preference, was also advised.
Encryption, password protection and recorded consent protocols for all digital transmissions of sensitive medical information were emphasized.
Court instructed registrar to send a copy of the order to National Medical Commission and State Medical Council for further action.
