Year: 2021
Type: article
Abstract: Access to medical records is one of the fundamental rights of the patients. Despite medical law is relatively young, the worldwidejurisprudence has witnessed actions for medical records production for already a century, despite it has been widely known for a coupleof decades. The purposes for an insight into medical data may be different – from preparing medical malpractice actions to challenginga testament, divorce proceedings and various private needs. Though all the medical records are deemed as sensitive data, the recordsconcerning a patient’s psychiatric treatment, diagnosis and prognosis are considered even more highly confidential. However, psychiatricrecords are not bound to be inspected by patients. The regime of access is mostly more strict than of ordinary medical records, butthe legislation of many states is silent towards the distinction between these records and the possibility of insight to them, remainingthis issue for the courts to decide. The purposes for access to psychiatric records may considerably vary from insight into ordinary medicalrecords and the hospitals are frequently reluctant to produce them finding it could endanger the health of an ex-patient, or resurrecthis old ailments. The current position of the courts is for allowing the production of such records though not disregarding the necessaryprecautions: some courts found that the insight must be limited, justified by the plaintiff and the records should be inspected in the presenceof physicians. The right to access to psychiatric records may also arise more complexified aspects, such as use of minor psychiatricrecords, or a plea to expunge psychiatric records in an analogy with criminal records. Civil or administrative proceedings in respectwith access to psychiatric records are relatively rare and the courts often substantiate their judgments upon the trial facts, taking intoaccount the health and mental condition of the patient as well as his justification to inspect such records.
Author: Lytvynenko, Anatoliy
Institution: Baltic International Academy
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7219231663