Answer to Question #189655 in Management for Tanmayee

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

Answer

According to the case, Rehan can apply to obtain the documents in relation to healthcare provision for his father under the civil rights. According to the act, the government hospital should provide the Rehan’s fathers health records since its doctors are supposed to be equipped with all the knowledge and skill to bring relief to his medical problem. Failure of the hospital providing case papers of his father’s health records, Rehan should seek redressal of grievances from the consumer courts to obtain the documents and records from the government hospital since the services of the doctors are covered under the provisions of the Consumer Protection Act, 1986. Therefore, case laws would be of significance in adjusting the issue of negligence arising from Rehan’s father medical treatment of COVID-19.