How can I enforce my rights as a patient regarding my medical records?
April 21, 2022 | 40,00 EUR | answered by Jenny Richter
Dear Medical Law Attorney,
My name is Paula Schäfer and I am contacting you with a question regarding my medical records. Recently, I requested my medical records from my primary care practice in order to get an overview of my medical history. When I received the documents, I noticed that some information is incomplete or inaccurate. Additionally, I feel that important events or diagnoses are missing, which could be relevant for my current health management.
I am concerned that the incomplete information in my medical records could lead to incorrect treatment or that important medical cues may be overlooked. Therefore, I would like to assert my rights as a patient and ensure that my medical records are kept correctly and completely.
What options do I have as a patient to enforce my rights in relation to my medical records? Are there specific laws or regulations that can help me in this matter? Should I address my primary care practice directly or is it advisable to take legal action? How can I ensure that my medical records are kept correctly in the future and contain all relevant information?
I appreciate your support and advice on this matter. Thank you in advance for your help.
Sincerely,
Paula Schäfer
Dear Mrs. Schäfer,
Thank you for your inquiry regarding your medical records. It is understandable that you are concerned about the incompleteness and inaccuracies in your medical files. As a patient, you have the right to insist on your medical records being kept correctly and completely to ensure appropriate medical care. I will answer your questions as thoroughly as possible.
Firstly, you should contact your primary care practice and address the discrepancies in your medical records. Often, these are misunderstandings or errors that can be quickly rectified. The practice is obligated to take your concerns seriously and correct your medical records if necessary. It may be helpful to document in writing which information you believe is missing or incorrect to avoid misunderstandings.
If the primary care practice is not willing to address your concerns or correct the medical records, you may consider taking legal action. The Patient Rights Act and the Data Protection Act are the relevant laws that protect your rights as a patient. These laws give you the right to access your medical records, correct inaccurate information, and delete irrelevant data.
To ensure that your medical records are kept correctly in the future, you can regularly review your records and request corrections or additions as needed. It may also be helpful to designate a healthcare proxy or create an advance directive stating which information should be included in your medical records and who may access it.
In conclusion, it is important to stand up for the accuracy and completeness of your medical records to ensure the best possible medical care. If you have any further questions or need legal assistance, I am happy to help.
Sincerely,
Jenny Richter
Medical Law Attorney
