Inconsistent defence is a weak defence

  • Posted on: October 08, 2020

A hospital was recently sued for not furnishing medical records. The patient contended that despite several requests the documents were not provided.

The hospital, in defence, on one hand stated that as per rules, they were to furnish medical records only if and when patient demands for it – and she had not. But on other hand it was stated, that the medical records were indeed provided as per patient’s request, but the acknowledgement was not taken.

This contradictory and inconsistent defence was immediately called out by the Commission and claims were dismissed. The hospital was held negligent and ordered to pay three lac rupees compensation!

As per law, the medical records have to be provided within seventy two hours of such a request. Needless to say, an acknowledgement has to be taken for same.

Source: Order pronounced by National Consumer Disputes Redressal Commission, New Delhi on 18th June, 2020.