Right to Access Your Medical Records in Kerala

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.

Kerala Law

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

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.