Abstract :
MCI stipulates to keep medical records for
a period of 3 years. Once the medical records are
disposed, the defence of medical professionals in
any kind of medicolegal case is reduced to zero.
Therefore, the implication and existing MCI
guidelines are clear that no medicolegal case can
be entertained after 3 years of treatment as 3 years
is more than sufficient to know ill effects of any
kind of treatment. However, in the absence of
clarification to this effect from MCI (that no
medicolegal case can be entertained after 3 years
of treatment), a lot of doctors are being harassed
and traumatized by frivolous litigations which are
filed against them after 3 years of treatment. A
clarification of the existing guidelines is needed
urgently from MCI and various state medical
councils specifying that any kind of medicolegal
case cannot be filed against a medical professional
after 3 years of treatment especially in cases where
the entire defence is dependent on medical records.
In case, a litigation is still filed against a medical
professional after 3 years of treatment and medical
records are not available in that case, then the
presumption would be raised in favour of the
medical professional that all the records were
correct and were in order. Though health is a state
subject, but a clarification from MCI would help
state medical councils to issue such clarification in
their respective states. In the absence of such a
clarification, the sword of Damocles would always
be hanging on every medical professional of the
country throughout their lives as a lot of rogue
elements are eager to misuse this shortcoming to
exploit medical professionals for their petty gains
Keyword :
Medical Negligence, Limitation period, Medical records, Frivolous litigations