Legal Aspect of Medical Records
Medical Record is a confidential report of the patient & can not be released without patients permission. Any information from the patients medical records should be released on written request by the patient e.g. to employer or to insurance companies. Police authorities and courts can summon medical records.
How long to preserve the case papers;
Limitation period for filing a case is maximum up to 3 years under the Limitation Act (2 years according to Consumer Protection Act) However, this limitation period starts only after the patient comes to know the effect of the alleged negligence on part of the doctor.
An extreme example can be given of the obstetrician who was sued by the child who was delivered by him and suffered birth injury after 21 years i.e. within 3 years the child becoming major according to the law.
Maharashtra government has issued a resolution (G.R. No. JJH-29 66/49733.~ which states that OPD paper should be kept for 3 years, indoor for 5 years, and papers of Medico Legal Cases for 30 years.
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