Can I request access to my medical records even if the doctor refuses?
April 24, 2022 | 50,00 EUR | answered by Jenny Richter
Dear Sir or Madam,
My name is Hildegard Müller and I have been receiving treatment from my general practitioner for many years. However, lately I have been feeling that my complaints are not being taken seriously and that I am not being sufficiently informed about my diagnoses and treatment plans. Therefore, I would like to have access to my medical records in order to gain more clarity about my medical situation.
So far, my doctor has denied me access to my medical records, claiming that he cannot allow it. I am worried that important information about my health is being hidden from me and that I am not sufficiently informed to properly monitor my own health and make decisions.
Therefore, my question is: Can I demand access to my medical records despite my doctor's refusal? Are there legal avenues to enforce my right to information about my health? I want to ensure that I receive the best possible medical care and can actively take care of my health.
Thank you in advance for your help and support.
Best regards,
Hildegard Müller
Dear Mrs. Müller,
Thank you for your inquiry regarding access to your medical records. It is understandable that you are concerned about your health and want to ensure that you receive the best possible medical care. As a patient, you have the fundamental right to access your medical records and be informed about your health.
According to § 630g (1) BGB, patients have the right to access the patient records that concern them. This right includes all documents related to your illness or treatment. The treating physician is obliged to grant you access to your medical records upon request. If your doctor refuses access, you can enforce your right to access through legal means.
In such a case, I recommend that you seek advice from a medical law attorney to enforce your rights. An attorney can help you obtain an injunction to gain access to your medical records. Additionally, an attorney can also assess whether your doctor may have violated his duty of confidentiality or other legal provisions.
It is important that you take an active role in caring for your health and are well-informed about your diagnoses and treatment plans. Open communication with your doctor is crucial. If you continue to have difficulties obtaining access to your medical records, do not hesitate to take legal action.
I hope this information is helpful to you and wish you all the best for your health.
Sincerely,
Jenny Richter
Medical Law Attorney
