• How to get information from nursing home

i want to get information from a iso 9001-2008 certified nursing home regarding my deceased mother  under RTI ACT 2005...the nursing home administration answered me that they do not come under the ambit of RTI ACT 2005. then i consulted with u all. and all of u suggest me to send a legal notice seeking information with copy to MCI. i have done exactly the same thing...but in reply the nursing home authority said to my lawyer that they have provided all information to me earlier,but the fact is that they earlier told me that they donot come under the ambit of RTI ACT..they donot provide any information which were asked for.now the main thing to me is to get information..if i get those information their medical negligence can be proved easily.so under the circumstances plz help me how to get information from them?otherwise it will b difficult for me to prove their negligence.
Asked 1 year ago in Civil Law from chinsurah, West Bengal
Hi, as the private nursing home will not come under the definition of RTI so you can get the details of their income.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) if nursing home says that they have provided all information earlier request them to furnish evidence in this regard 

2) if they had provided information then they must have obtained acknowledgement from you when information was supplied . 

3) if nursing home is refusing to provide information you can go in appeal against decision of nursing home to provide information .

4) you can move consumer forum and also medical council against nursing home

5) Maintenance of Medical Records: 
1.3.1. Every physician shall maintain the medical records pertaining to his/her
indoor patients for a period of three years from the date of commencement of the
treatment in a standard proforma laid down by the Medical Council of India and
attached as Appendix 3. 
1.3.2.  If   any   request   is   made   for   medical   records   either   by   the
patients/authorised attendant or legal authorities involved, the same may
be duly acknowledged and documents shall be issued within the period of
72 hours.
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) if nursing home is registered company then you obtain these details from ROC . 

2) if it is partnership firm from registrar of firms 

3) nursing home must have been granted permission to operate as nursing home by muncipal corporation 

4) file RTI with your local award office of muncipal corporation to obtain the details of permission granted ec 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Dear Querist
file an application before MCI and get the all detail of that Nursing Home, 

if they said that they already provide the information as mentioned in your application under RTI then show the letter/notice reply in which they mentioned that they are not come under the ambit of RTI Act-2005.

Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
All the information you are seeking can be obtained by filing an Right to information application before the Municipal Corporation or the Medical Council of India. 

It is advisable that against the medical negligence, a case in the consumer court can be filed against the nursing home submitting the particulars along with the petition filed. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1) with muncipal corporation as to permission granted for starting nursing home . , name of the office bearers . etc if you take inspection of records of the nursing home you would find details of their income .

2) you need medical records to prove medical negligence and are not concerned with income of nursing home 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
You may get all the detail from MCI and ROC of the area where the Nursing Home will be registered.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
If nursing home is refusing to provide information you can move the complaint regarding the matter before medical council against nursing home.

Actually what information do you seek /want from nursing home? 
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
1. Private organisations do not come under RTI Act,

2. So, they will certainly not provide ou with the information based on which you bcan take them to court,

3. File a damage suit against the Nurshing Home with whatever evidence of their negligence you have with you,

4. When draged to the Court, you can pray before the Court for directing the Nurshing Home to supply the infoemation which are required by you to prove your point before the Court in support of your allagation as the Nurshing Home is privy to the said information,

5. File the case with the basic evidence you have after which proceed by collecting fresh information through court direction to reach the logical end of the case. 
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. You can have information about the directors from the website of the Nurshing Home,

2. The above information and also the information about their income can be availed from the Registrar of Companies where they periodically submit their balance sheets.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. Go to the website of ROC,

2. Follow the steps mentioned therein to collect the said information,

3. You can take the help of a CA also in this regard.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. Nursing homes are covered by the RTI Act. 

2. They are not disclosing information as it can be used against them in a court of law. 

3. You may prove their negligence without soliciting information from them.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. That the owner was once a peon is immaterial. 

2. Concentrate on getting the information which can unmask their legal culpability if any.

3. If the information is denied to you then you may move the State Information Commission.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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