Delhi Right to Access Your Medical Records Laws (2026)

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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

About this article

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?

Under NMC Regulations 2023 and the Clinical Establishments Act 2010, hospitals are required to provide patients with access to their medical records. If a hospital refuses, you can file a complaint with the State Medical Council and, for government hospitals, submit an RTI request.

When does it apply?

  • A hospital is refusing to release your test results, surgical notes, or discharge summary.
  • Administrators are claiming the records are hospital property and denying you access.
  • You need a deceased family member's medical records for a police complaint, insurance claim, or legal proceedings.

How to Access Your Medical Records When a Hospital Refuses

  • Submit a written request to the medical superintendent — keep a copy with the receipt stamp as evidence of the date of your request.
  • File an RTI request if it is a government hospital — government hospitals cannot withhold personal medical data under any RTI exemption.
  • Escalate if records are not provided within 72 hours — file a complaint with the District Collector and the State Medical Council.
  • File a consumer complaint — refusal to provide medical records is a deficiency of service under the Consumer Protection Act 2019; the consumer court can order compensation.

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What should you NOT do?

  • Do not accept only a verbal summary of your records. You are entitled to copies of your actual records — request everything in writing.
  • Request records promptly after discharge — acting early preserves the records in their original state.
  • Your health records belong to you, not to the hospital. The claim that records are "hospital property" is incorrect under NMC Regulations.
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

What is the right to access your medical records right in India?

Under NMC Regulations 2023 and the Clinical Establishments Act 2010, hospitals are required to provide patients with access to their medical records. If a hospital refuses, you can file a complaint with the State Medical Council and, for government hospitals, submit an RTI request.

When does right to access your medical records apply?

A hospital is refusing to release your test results, surgical notes, or discharge summary.Administrators are claiming the records are hospital property and denying you access.You need a deceased family member's medical records for a police complaint, insurance claim, or legal proceedings.

What can I do if a hospital refuses to give me my discharge summary or medical test reports?

Submit a written request to the medical superintendent — keep a copy with the receipt stamp as evidence of the date of your request.File an RTI request if it is a government hospital — government hospitals cannot withhold personal medical data under any RTI exemption.Escalate if records are not provided within 72 hours — file a complaint with the District Collector and the State Medical Council.File a consumer complaint — refusal to provide medical records is a deficiency of service under the Consumer Protection Act 2019; the consumer court can order compensation.Generate a formal legal letter...

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

Do not accept only a verbal summary of your records. You are entitled to copies of your actual records — request everything in writing.Request records promptly after discharge — acting early preserves the records in their original state.Your health records belong to you, not to the hospital. The claim that records are "hospital property" is incorrect under NMC Regulations.

Right to Access Your Medical Records in other states

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

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