Right to Access Your Medical Records in West Bengal

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.

West Bengal Law

How West Bengal differs from central law

Patients in West Bengal have the right to access their medical records. The Indian Medical Council Regulations, 2002 require doctors to maintain medical records for at least 3 years and to provide copies to patients upon request. The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 further requires all registered clinical establishments to maintain proper records and share them with patients.

Under the Consumer Protection Act, 2019, withholding medical records from a patient constitutes a deficiency in service. The Calcutta High Court has upheld this right, ruling that hospitals cannot refuse to release records even if there are outstanding bills. Patients or their authorized representatives are entitled to copies of discharge summaries, test reports, prescriptions, operation notes, and other treatment records.

Government hospitals in West Bengal are also subject to the Right to Information Act, 2005. Patients can file RTI applications to obtain their medical records from government facilities. The West Bengal State Information Commission handles appeals when government hospitals deny information.

Additional Steps in West Bengal

Submit a written request to the medical records department of the hospital. If the hospital refuses, send a legal notice citing the Indian Medical Council Regulations and the Consumer Protection Act. For government hospitals, file an RTI application (fee: Rs. 10). If records are still denied, file a complaint with the West Bengal Medical Council or a consumer complaint in the District Consumer Disputes Redressal Forum. The West Bengal State Information Commission is at Bhabani Bhavan, Alipore, Kolkata 700027.

Relevant Law: West Bengal Clinical Establishments Act, 2017; Indian Medical Council Regulations, 2002, Section 1.3; Consumer Protection Act, 2019; 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.