Free Medico Legal Advice Related to Laparoscopic Surgery

Refusal of Giving Patient Data
Discussion in 'All Categories' started by Dr Nimesh Kathodia - Jun 21st, 2014 9:39 pm.
Dr Nimesh Kathodia
Dr Nimesh Kathodia
I am a surgeon running my own nursing home. A local lawyer is causing me a lot of trouble for me. He says that he needs one of my patient's entire medical records to press a compensation claim following a road traffic accident.

It is a very huge file and going through it is going to take a lot of time, and photocopying the records will be extremely difficult. The lawyer says that he will pay the standard Data Protection Act fee of Ten rupees. That is nowhere near the cost of the photostat. Can I say no in this circumstances?
re: Refusal of Giving Patient Data by ADITYA RAJESHWAR - Jun 26th, 2014 6:02 pm
#1
ADITYA RAJESHWAR
ADITYA RAJESHWAR
Dear Dr. Nimesh,

The local lawyer who is seeking record of your patient is not correct, that he can make you provide all the information by photocopying it on just paying the fee of Rs 10, that is also under Protection Of Data Act.

Protection of Data is still a Bill pending in our parliament with the name THE PERSONAL DATA (PROTECTION) BILL, 2013. Even that bill does not proposes to have access to any data just by paying standard fee of Rs. 10 Hence no need to be panic, But Under the existing law a patient have right to access all the information regarding him, having with you.

So just cooperate with your patient in having his medical record for his compensation case, but you can ask them to pay for xerox charges if records are too bulky. And do not be panic with such unexisting laws.

With Regards

ADITYA RAJESHWAR
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