AIIMS keeps file under covers after death
AIIMS keeps file under covers after death
A year ago, Husain Abdullah came to India from Saudi Arabia, to have his brother treated for prostrate cancer. His brother was advised surgery. Three weeks later, Husain's brother died.

New Delhi: A year ago, Husain Abdullah came to India from Saudi Arabia, to have his brother treated for prostrate cancer. His brother was advised surgery. Three weeks later, Husain's brother died.

"We came all the way to India thinking that it's our country, we have our own people, we'll get more support, but unfortunately this is what happened. We tried our best, but doctors were not giving us any attention," says a distraught Husain.

What went so wrong? Despite repeated requests, the officials at the All India Institute of Medical Sciences (AIIMS) did not provide Hussain with his brother's medical records.

"Any lawyer that I go to, asks for the medical file. Even the insurance company has sent for the file officially, but there has been no response," says Husain.

As he returns to Jeddah, hope is definitely not one of the things he is carrying back with him. And sadly, for every Husain who gives up, there are hundreds of other cases of medical negligence that go unreported.

Did Husain's brother die due to negligence or was it a case of medical complications? He will not know till he gets the medical records, which he is legally entitled to.

"If the hospital is not giving the medical records, that is in itself negligence. So, he can ask for the records and if they don't give them, that is negligence," says MN Krishnamani, a lawyer.

The fact is that patients and relatives are often not aware of their rights. While the Indian Constitution does not provide any specific rights to patients, these can be read under a citizen's 'Right To Life'.

  • Every patient has the Right to Information on the treatment being given.
  • The patient also has the Right to Confidentiality unless the law asks for it.
  • The patient has the right to decision making on whether he wants a medical investigation or not.
  • The patient also has the right to a reasonable degree of care, knowledge, love and compassion.
  • Every patient has the right to receive his medical records within 72 hours of asking for them.
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