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. 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.

• 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.

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]

• 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).

• 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.

• 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.

Yes — relationship proof + death certificate required.

Likely. Counter with Mistry — fiduciary defence is strict-classical only.

• Medical negligence claim survives the doctor's death (SC 2026)
• Right to die with dignity: withdrawing life support

• Banking and insurance RTI
• Health and hospital RTI — PIO playbook
• File RTI online — 12 steps
• RTI — 25 questions answered

• RTI Act, 2005 — full text.
• Citation chain in body.
• Citizen Charter of the relevant authority.
• Case-law database at /cases/search.

Last reviewed: 24 April 2026.