raj (professional) 04 March 2017

C p a act

Respected learned counsel I am a doctor working in an Institute.Recently one of our patients issued a legal notice through a lawyer stating that our services are deficient .We replied promptly explaining the events of his treatment during the stay of the patient.Again we received a second legal notice stating the reply to first notice is threatening and damaging to the patient hence to submitt entire medical case sheet of the said patient immediately.But our Institute is not willing stating that how can we submitt the case sheet to an advocate.It should be submitted to a court of law if he goes to file a case. Is it a proper decision or should we submitt to the advocate. please clarify sir

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5 Replies

shrenik (lawyer) 04 March 2017

NO NEED TO GIVE DOCUMENTS TO LAWYERE

DONT AFRAID OF SUCH NOTICES

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Kumar Doab (FIN) 04 March 2017

Which medical record is asked by the patient/lawyer?

The Instt. must have provided the Discharge summary, diagnostic reports ,Rx to the patient.

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Kumar Doab (FIN) 04 March 2017

Apparently the paient/authorized representative has applied in writing for medical records and narrated what is the requirement?

Your Instt.must be having full records.

Your Instt.must be having its own legal cell/counsel.

They can relate with various applicable enactments/Rules and may reply and provide the medical record that is covered by enactments.

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Kumar Doab (FIN) 04 March 2017

You may go thru:

Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002

1.3 Maintenance of medical records:

1.3.2. If any request is made for medical records either by the patients / authorised attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within the period of 72 hours.

1.3.4 Efforts shall be made to computerize medical records for quick retrieval.

7. MISCONDUCT :

7.2 If he/she does not maintain the medical records of his/her indoor patients for a period of three years as per regulation 1.3 and refuses to provide the same within 72 hours when the patient or his/her authorised representative makes a request for it as per the regulation 1.3.2.

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raj (professional) 14 March 2017

sir,

Thank you for your kind attention and eloborate reply

Is an Advocate comes under'' legal authority" ?