Answer to Question #188204 in Management 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 thegovernment hospital in light of the refusal of the government hospital to provide the same? Please explain the answer with reasons.b. Can the government hospital refuse the provision of the documents, if yes under which law? Please explain the answer with reasons

Answer 1

1. Mr. Rehan can apply to obtain the documents in relation to health care provision for his father under the civil rights acts. In this case, he will be exercising his civic duty of keeping the government hospital in check as he is a tax payer and expects maximum and quality service provided to his father, him and the society. Moreover, he is bound by all rights to access the reports through the assistance of the customer courts as the doctors' services are guided under the Consumer Protection Act.
2. The hospital can refuse based on the law of patient-doctor privacy. This helps maintain secrecy of the condition of the patient. However, since he has died, the hospital can not hold the documents hence they can legally be provided to ascertain the patient care.