Answer to Question #190671 in Law for Vaibhavi

Question

Rehan’s father died due to COVID-19 complications but Rehan felt that the negligence of the hospital authorities led to his father dying. The hospital in which his father was admitted is a government hospital. Now, Rehan wants to file a case against the hospital towards this negligence. He requested the hospital to provide the case papers of his father health records, admission records and other details of his stay in the hospital. However, the hospital refused it.

 a. Under what law can Rehan apply to obtain the documents and records from the government hospital in light of the refusal of the government hospital to provide the same? Please explain the answer with reasons?

Answer 1

a. Consistent with the case, Mr. R can apply to get the documents concerning health care provisions for his father under the civil rights acts. As stated by this act, the community is provided with rights and civil liberties to offer social welfare. Consistent with this law, Mr. R holds the right to collect or get information regarding his father’s treatment and claim the official papers under the 14 amendments of common law. This decree safeguards the rights and civil liberties of the community concerning health care, the right to get access and high-quality medical services, the right to speak, and right to access the essential documents, etc.

b. The hospital administration can decline the provisioning of the particulars of the treatment under the HIPAA act. The Health Insurance Portability and Accountability Act necessitate the hospital administration to generate essential guidelines and measures to protect the information regarding sensitive patients. Because the health condition stated in the case is a delicate emergency that the world is experiencing, the medical care facility can guard the claim of Mr. R under this decree.