Right to Access Your Medical Records
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
Patients have the legal right to access their own medical records, test reports, and discharge summaries.
- NMC Regulations 2023, Regulation 7: A doctor must provide the patient (or their legal representative) with a copy of their medical records, diagnostic reports, and discharge summaries on request. The hospital must provide records within a reasonable time — typically within 72 hours for routine requests and immediately for emergencies.
- Government hospitals: As public authorities, government hospitals are subject to the Right to Information Act, 2005 — you can file an RTI to obtain your medical records (or your deceased relative's records) if the hospital delays.
- Private hospitals: The Clinical Establishments Act, 2010 requires registered establishments to maintain records and give patients access — complaints about denial go to the state nodal authority.
- Digital Personal Data Protection Act, 2023 (DPDPA): You have the right to access your personal health data held by any data fiduciary (hospital, lab, insurance company) — data must be corrected or erased on request (for certain data types).
- Cost of records: Hospitals can charge a reasonable fee for copying records, but cannot charge exorbitantly or use the fee as a de facto denial.
When does it apply?
- You want copies of your test results, operation notes, or hospital discharge summary.
- A hospital is withholding medical records — possibly to avoid a negligence claim.
- You need a deceased relative's medical records for legal proceedings (insurance claim, consumer complaint).
What should you do?
- Submit a written application to the hospital's medical records department — keep a copy of the application.
- If the hospital is a government institution, file an RTI application simultaneously — government hospitals cannot claim exemption for your personal medical records.
- If records are denied within 72 hours, file a complaint with the District Collector (as the authority under the Clinical Establishments Act) and the State Medical Council.
- You can also file a consumer complaint for denial of medical records as a deficiency in service.
What should you NOT do?
- Do not wait to request records — the sooner you request them after hospitalisation, the less likely they are to be modified or lost.
- Do not rely on verbal summaries from treating doctors alone — always get written records and reports.
- Do not accept a claim that records are "hospital property" — your medical records contain your personal health information, which you have a right to access.
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