The Delhi HC has stated that HOD and the head of hospital, and the director of a medical institution must know the nature of sickness and treatment pf patient.
The bench that observed this consisted of Chief Justice DN Patel and Justice Jasmeet Singh. They dealt with a letter patent appeal filed by one Mehraz Bano, who has confidential information with regards to the medical treatment and the sickness of her minor son being treated in IHBAS could be shared with persons other than the doctors who were treating him.
Before the division bench, it was submitted on behalf of the appellant that as per S.5 and 23 of the Mental Health Care Act, 2017 (Right to Confidentiality) and also the judgement in K.S Puttuswamy (Retd.) vs. Union of India & Ors, (2017) 10 SCC 1, the sensitive information regarding patient’s health and medical treatment will not be shared with anyone except the patient who is suffering from, and the doctors of IHBAS who were treating the patient.
After looking through the submission and studying it thoroughly, the division bench observed thus:
“It is clear from the submission above that there is an exception sculpted in the act itself, so that proper care and treatment is provided to the person with the illness. In our view also, it is to be kept in mind that HOD and the Director of IHBAS ought to know the nature of sickness and treatment of the patient. This view is to keep the patient safe and well. It is to be kept in mind that to ensure whether the treatment is going in the correct direction or not, it has to be monitored by the Head of the Department and the Director of the IHBAS.”
Agreeing with the single judge bench order, the Court guided the HOD and the Director that the information regarding the patient shall not be shared with any outsider or third party.