Forensic Medicine · Consent, Professional Negligence and Medical Ethics (Consumer Protection, Vicarious Liability)

A patient discharged from a private nursing home writes requesting attested photocopies of his complete indoor case records. As per the Indian Medical Council Regulations, 2002, which statement is correct?

  • A The records belong to the patient and he may collect them personally
  • B Copies may be provided only after three years, once the mandatory retention period ends
  • C Copies can be released only on the order of a court or the Medical Council
  • D The records belong to the institution or doctor, but a copy must be provided within 72 hours of the request
Correct answer: D. The records belong to the institution or doctor, but a copy must be provided within 72 hours of the request

Explanation

Indian law recognises the treating institution or doctor as the owner of medical records, unlike the United States where patients often hold ownership. However the Regulations oblige the physician to furnish a copy of the records within 72 hours of a written request, without insisting on court intervention. The three-year figure relates to the minimum period of record preservation, not to the waiting time for release of copies.

Reference: Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Clause 1.3.1 ed.

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