Kerala Right to Access Your Medical Records Laws (2026)
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
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.
Generate a formal legal letter to support your rights using our Legal Letter Generator.
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.
How Kerala differs from central law
In Kerala, patients have the right to access their medical records under the Indian Medical Council Regulations, 2002, and this right is further reinforced by the Kerala Clinical Establishments (Registration and Regulation) Act, 2018. Under the 2018 Act, every clinical establishment in Kerala must maintain medical records for a prescribed period and provide copies to patients on demand.
The Kerala High Court has upheld patients' rights to obtain copies of all medical records including case papers, investigation reports, treatment records, and discharge summaries. The Court has held that hospitals cannot refuse to provide records or charge exorbitant fees for copies. For government hospitals, patients can additionally use the Right to Information Act, 2005 to obtain their records. Kerala has a strong RTI culture, and medical records from government hospitals can generally be obtained within 30 days of an RTI application.
Additional Steps in Kerala
Submit a written request to the medical records department of the hospital. If the hospital refuses, file a complaint with the Travancore-Cochin Medical Council or the Kerala Clinical Establishments Regulatory Authority. For government hospitals, file an RTI application with the Public Information Officer of the hospital. You can also file a complaint with the Kerala State Consumer Disputes Redressal Commission. Kerala Information Commission helpline: 0471-2336969.
Relevant Law: Indian Medical Council Regulations, 2002, Regulation 1.3; Kerala Clinical Establishments (Registration and Regulation) Act, 2018; Right to Information Act, 2005
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.
- MaharashtraRight to Access Your Medical Records
- Uttar PradeshRight to Access Your Medical Records
- Tamil NaduRight to Access Your Medical Records
- KarnatakaRight to Access Your Medical Records
- West BengalRight to Access Your Medical Records
- DelhiRight to Access Your Medical Records
- GujaratRight to Access Your Medical Records