hospital-negligence-rti
Table of Contents
Hospital Negligence RTI — government hospital records (2026)
Government-hospital records (duty-roster, drug-stock register, OPD / IPD records) are public records under §2(f) RTI Act.
Why this RTI works
Government-hospital records (duty-roster, drug-stock register, OPD / IPD records) are public records under §2(f) RTI Act. Patient's own treatment record is disclosable to the patient or next-of-kin. Doctor-patient privilege under §8(1)(e) is narrow after Mistry (2015) and does not bar self-record disclosure.
Legal framework
- RTI Act, 2005 §6, §7(1), §8(1)(e) (narrowed by Mistry), §8(1)(j) (next-of-kin standing).
- RBI v. Jayantilal Mistry (SC, 2015) — fiduciary defence is strict-classical only.
- CBSE v. Aditya Bandopadhyay (SC, 2011) — own record always disclosable.
- Indian Medical Council (Professional Conduct) Regulations, 2002 — patient's right to medical records.
RTI template — copy & file
To: The Public Information Officer (PIO), [Office name + address]. Subject: RTI under §6 — Hospital Negligence query Sir/Madam, Under the RTI Act, 2005, kindly provide: 1. Treatment record of [PATIENT NAME], CR/IPD No. [NUMBER], admitted on [DATE] at [HOSPITAL NAME], discharged/expired on [DATE]. 2. Duty-roster of doctors and nurses for [WARD] for the period [DATE A]-[DATE B]. 3. Drug-stock register entries for [DRUG NAME] for the said period. 4. Equipment / oxygen / ICU bed availability log for the said period. 5. Internal-inquiry report (if any) on the patient's case. 6. Action-taken on family complaint No. [NUMBER] dated [DATE]. I am the [patient / next-of-kin]. Identity proof + relationship proof enclosed. Rs. 10 IPO enclosed. Yours faithfully, [Name] [Address + phone + email] [Date]
Escalation timeline
- Day 31 — First Appeal.
- Day 76 — Second Appeal to SIC / CIC.
- Parallel — State Medical Council complaint against doctor.
- Parallel — Consumer Court (NCDRC / SCDRC) for compensation.
- Parallel — Police FIR if criminal negligence is alleged (§304A IPC).
Case law anchors
- RBI v. Jayantilal Mistry (SC, 2015) — Fiduciary defence is strict-classical only — government hospitals not covered.
- CBSE v. Aditya Bandopadhyay (SC, 2011) — Own record disclosable.
- CIC Medical Records of Deceased (2018) — Next-of-kin entitled to deceased patient's records.
Common mistakes
- Asking for other patients' records — §8(1)(j) blocks.
- Filing without relationship proof for next-of-kin RTI.
- Forgetting to ask for drug-stock — key for proving negligence.
Frequently asked questions
Can next-of-kin file RTI for deceased?
Yes — relationship proof + death certificate required.
Will hospital cite §8(1)(e)?
Likely. Counter with Mistry — fiduciary defence is strict-classical only.
Related reading
Sources
- RTI Act, 2005 — full text.
- Citation chain in body.
- Citizen Charter of the relevant authority.
- Case-law database at /cases/search.
Last reviewed: 23 April 2026.
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