Right to Access Your Medical Records in Delhi

Source: National Medical Commission Regulations on Professional Conduct, Etiquette and Ethics, 2023, Regulation 7; Clinical Establishments Act, 2010; RTI Act, 2005 (government hospitals); Digital Personal Data Protection Act, 2023

Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

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 to Do If a Hospital in India Is Refusing to Give You Your Medical Records

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.

Delhi Law

How Delhi differs from central law

Patients in Delhi have the right to access their medical records from both government and private hospitals.

The Supreme Court and the Delhi High Court have affirmed that access to medical records is part of the right to information about one's own health under Article 21. Hospitals cannot refuse to provide copies of medical records to the patient or their authorised representative.
The Delhi Nursing Home Registration Act, 1953 and the Clinical Establishments (Registration and Regulation) Act, 2010 (as applicable to Delhi) require hospitals to maintain proper records and provide copies on request.
Government hospitals in Delhi (Lok Nayak, GTB, DDU, etc.) typically charge a nominal fee for providing copies of discharge summaries, investigation reports, and treatment records.
The National Digital Health Mission (NDHM) — now Ayushman Bharat Digital Mission (ABDM) — is being implemented in Delhi. Patients with an ABHA (Ayushman Bharat Health Account) ID can access their digital health records through the ABDM portal.
In medico-legal cases (accidents, assault, poisoning), the Delhi Police may request medical records directly from the hospital. However, the patient retains the right to their own copies.

Additional Steps in Delhi

Submit a written request to the Medical Records Department of the hospital for copies of your records. If the hospital refuses, file a complaint with the Directorate General of Health Services (DGHS), Delhi or the Delhi Medical Council. Create an ABHA ID at abdm.gov.in for digital access to your health records. For medico-legal records, you may also file an RTI application with government hospitals.

Relevant Law: Delhi Nursing Home Registration Act, 1953; Clinical Establishments (Registration and Regulation) Act, 2010; Ayushman Bharat Digital Mission (ABDM); Right to Information Act, 2005 (for government hospital records)

Common Questions

When does right to access your medical records 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 I do if a hospital in India is withholding my discharge summary or test reports?

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 mistakes should I avoid with right to access your medical records?

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.

Right to Access Your Medical Records in other states

Same topic, different jurisdiction. Pick the one that applies to you.