Medical Practitioner bound to provide treatment information to Patient.

But

Privacy of patient’s health must be maintained and should not be disclosed to unauthorised persons

We are discussing both these issues here very important for the patients as well as Doctors Hospitals and nursing Homes 

1.       

Case Title; Jothi V/S State, Department of Health and Family Welfare & others

(Represented by the Secretary,)

Before The Madurai Bench of Madras High Court

Decided On decided on 31.07.2023

A Writ Petition filed under Article 226 of the Constitution of India filed by one Jothi against State, Department of Health and Family Welfare & others Represented by the Secretary, before The Madurai Bench Of Madras High Court Decided On decided on 31.07.2023 praying to issue a Writ of Mandamus, directing the respondents1 to 4 to take appropriate action upon the respondents for their negligent act incurring death to a new born child of the petitioner

While deciding the allegation of not providing information to patient, Court held:

“When a patient enters a government hospital, he or she is examined first. The symptoms are recorded. The condition is noted. Scan or X-ray is taken. A diagnosis is made. Treatment is prescribed. Medicines (if available!!) are given. Every stage will have to be contemporaneously and accurately recorded. In the case of inpatients, discharge summary should contain all the relevant particulars. We have moved into the digital age. It should therefore not be difficult to store all the information in the digital mode. A patient is entitled to be furnished all the relevant records pertaining to his or her treatment. This right can be effectuated only if the information is stored digitally. Proper maintenance of record is an integral part of the medical services

 Privacy of patient’s health must be maintained and should not be disclosed to unauthorised persons

Another aspect of privacy is also not less important

Case Title: G. Vijaya Kumari of Vijayawada V/S SBI Life Insurance Company,

State Commission of Andhra Pradesh, Decided on August 2018

The question here to deal for us is –

Can the insurance companies be barred to conduct investigation and search for case history of the patient in the suspected cases of pre -existing disease

G. Vijaya Kumari of Vijayawada filed a case against SBI Life Insurance Company Ltd for rejecting request for waiver of home loan under SBI RIN Raksha home loan scheme on the basis of insurance investigation stating the reason suppressing material information at the time of taking policy. Insurance company itself had issued certificate of good health and then issued the policy as per their rules. State Commission of Andhra Pradesh (decided the matter in august 2018) went up to the extend warning the doctors and hospitals not to share patient information to insurance companies unless required by the court of law. Court observed that

“Maintaining confidentiality of a patient’s medical aspects is not only the duty of a doctor but also a constitutional obligation. While selling the policies, the insurance companies do not take care as to whether the intending purchaser is eligible for the policy or not. They in fact lure them through agents and sell policies only to improve their financial top line .But when they come to settlement of claims, they engage in all sorts of exercise, suspecting bona fides of the insured.”

Keeping in mind the various judgments pronounced on mediclaim cases by the Apex court, we can surely say that insurance companies as well as doctors  need to respond as to why any investigation when issued certificate about the  good health of insured .Either their certificate is incorrect or investigation is used as a tool for rejecting the claim. Even otherwise if we see the pattern of investigation ,it is a short cut and eye wash by just managing  hospital records by the insurance companies from the doctors and often with no affidavits or any other cogent evidence.

 

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