Laproscopic surgery

Guest (Querist) 19 September 2015 This query is : Resolved
Respected Experts,
One of relative got operated through Laproscopic surgery for hernia around eight years ago.
Now he is having problem in the portion where he was operated.
He wants to take treatment from some other doctor who requires CD of the earlier laproscopic surgery done.
The doctor who performed surgery is not ready to provide the CD on the pretext that same is 8 years old and is not easy to be located now.
Please advise that:
1. Is there any provision under law as per which doctor can be compelled to provide CD.
2. Is there any time limit given during which period CD of the laproscopic operation should be kept preserved by the operating doctor?

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Kumar Doab (Expert) 19 September 2015
The doctor has not declined to give CD.

Doctor has just stated that 'same is 8 years old and is not easy to be located now.'

Try to get admission of keeping the record.Offer to make the payment for service.

Code of Ethics Regulations, 2002

1.3 Maintenance of medical records:

1.3.1 Every physician shall maintain the medical records pertaining to his / her indoor patients for a period of 3 years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India and attached as Appendix 3.

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.

1.3.3 A Registered medical practitioner shall maintain a Register of Medical Certificates giving full details of certificates issued. When issuing a medical certificate he / she shall always enter the identification marks of the patient and keep a copy of the certificate. He / She shall not omit to record the signature and/or thumb mark, address and at least one identification mark of the patient on the medical certificates or report. The medical certificate shall be prepared as in Appendix 2.

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

Rajendra K Goyal (Expert) 19 September 2015
Such an old CD may not be available. The other doctor should to make independent diagnosis for the treatment required, should not depend on old record and such an old record may not be helpful.

Guest (Querist) 20 September 2015
Respected Mr. Kumar Doab,
Thanks for your valuable advise.

Respected Mr. Rajindra K Goyal,
It is required for diagnosis that where were the tags made and at what places the surgical procedure was done so as to help the doctor treating to ascertain that what is required to be done, i.e through another surgery to rectify the errors or through some other alternate, to treat the person.

R.K Nanda (Expert) 20 September 2015
consult local lawyer.

Kumar Doab (Expert) 20 September 2015
You are welcome.

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