The right to medical records

The right to access our medical records is our inalienable right. No medical facility that takes care of our health has the right to refuse us access to this documentation, receiving a copy of it or sending it in electronic form if it is kept in this way. As a rule, the right to issue these documents should not be associated with any payment borne by the patient. Also, the form of submitting applications for access to this documentation may not be subject to any formal requirements. Such a request may be submitted in writing, in electronic form, as well as orally and any form of its submission is admissible. 

According to the decision of the Supreme Administrative Court of December 4, 2018, Act II OSK 3024/18 clearly shows that the entity that provides health services in the case related to the protection of the patient’s life should create the possibility of making this documentation available without a time limit. Any delay in this regard will be treated as a violation of the patient’s rights. In the event of death – the right to receive medical documentation is vested in the person authorized by the patient, the person who was the statutory representative at the time of the death, as well as any person close to the deceased at their request. A close person is considered to be: a spouse, a relative up to the second degree or a relative by affinity up to the second degree in a straight line (child, parents, grandparents, grandchildren, in-laws), a statutory representative, but also a person in cohabitation or a person indicated by the patient.

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