SAMEER KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) In both the writ petitions, common question of law and facts are involved. Hence with the consent of parties counsel, we decide these writ petitions by the present common judgment.

(2.) The question of public importance involved in the present writ petitions, relates to supply of copy of "medical records" to the patients or their authorised attendants during the course of treatment or after the treatment. The factual matrix on record shows that in the State of U.P., the Government hospitals, nursing homes or even medical colleges or hospitals run by the Government and private persons ordinarily, do not provide medical record to patients or their authorised agent. In consequence, the citizens suffer from medical negligence may not be able to file complaint for damages or prosecute the guilty.

(3.) The mother of the petitioner Sameer Kumar, late Usha Agarwal (in short the patient) was admitted in Ford Hospital,Lucknow, the opposite party No.4 which according to the petitioner, is the Unit of Nova Hospital Limited, Lucknow. She was under treatment of a doctor namely, Dr. K.P. Chandra. It is alleged that the doctor had not recommended any generic medicine but treated the patient with large quantities of costly antibiotic 'Doripenum' without getting the culture test of the patient.