They certainly can. The German Civil Code contains an entire chapter on medical treatment and patient rights. Section 630g German Civil Code regulates that a patient has the right to demand to personally inspect the original patient file. This includes computer files as well as any handwritten notes that may exist. Nowadays, most physicians and certainly all hospitals keep patient files in electronic form. Thus, in practice, the doctors and medical institutions will offer to provide the patient with a copy of the medical records in such electronic form, i.e. as a CD, DVD or cloud based download option.
In some cases, especially when it comes to psychotherapy or mental disorder treatment, the neurologist oder psychotherapist may reason that it is against the patient’s best interest to grant him or her full knowledge of the file. However, this paternalistic view becomes more and more rare. Nowadays, German courts usually do rule in favour of the patient who wants to obtain full knowledge of his or her medical records, even if the patient may not be happy about the medical findings contained in such files.
We have explained in this post (link) how to make a personal injury claim in Germany. As far as compensation for pain and suffering (Schmerzensgeld) is concerned, such German personal injury lawsuits do not provide quite the same upside potential as in the United States due to the lack of a jury and due to the restrictive tradition of German law when it comes to non-monetary damages. Still, German law, in principle does compensate a patient for all costs, losses, expenses and also some non-monetary damages.
Fired For Not Submitting Medical Records
If a patient believes that their medical treatment in Germany was not state of the art and that they have suffered an injury, the first step will be to ask for a copy of the medical records. This enables the patient or a provate medical expert hired by the patient to assess the case.
In such cases, the patient can either ask for a copy of the patient file themselves or instruct a law firm to request the physician/hospital records on the patient’s behalf. Our firm has prepared a bilingual (German / English) standard patient records release request form for our clients to use (download form as pdf):
In this letter, the client authorizes the lawyers to either inspect the patient file in person at the doctor’s office and/or to request a copy of the file either in paper or in electronic form. This consent form must then be presented to the physician or medical insitution. If the patient or his/her lawyer asks for a copy of the file, the physician / hospital is entitled to demand reimbursement for the costs to make such a copy of the file.
Request Access To Your Medical Records (health Hecords)
In those tragic cases where a patient has died, the heirs and/or next of kin are usually authorized to inspect the patient files (section 630g para. 3 German Civil Code). However, things tend to get a bit more complicated in those circumstances because a physician may argue that the patient would not have wanted these heirs or relatives to know. In case of a potential tort claim, however, German courts usually rule that the medical records must be disclosed.
For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.
Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.You have a legal right to request and obtain any of your medical records. Most healthcare providers make records accessible through secure online patient portals. Here is a step-by-step guide on how to get your records — and what to do if you’re denied access.
Why Are Medical Records So Important For A Personal Injury Claim?
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Can I Refuse My Job Access To Medical Records During Ada Accommodation Process?
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Maintaining a file of all the medical records produced under your name, known as your personal health records, can help you get faster, safer and better medical treatment in emergency situations. It also has the potential to save you money when resolving claims with your insurance company.
The Health Insurance Portability and Accountability Act, or HIPAA, guarantees that your medical records stay private until you give someone written permission to view or possess them. Patients typically give their health insurance company access to records to ensure it pays their claims, for example.
How Will My Health Records Be Used In A Trial?
You can request your medical records via your health care provider’s online patient portal, ask for copies of your records in person at your doctor’s office or put the request to your provider in an email or letter. Your doctor’s office manager or an insurance company representative can identify every document in your file so that you can ask for specific documentation.
If you had a surgery that required an implant, for example, such as knee replacement surgery or hernia surgery , your operative or surgical notes contain information about the model and brand of the implant. This is important information for recalls or if you need to file a lawsuit because of a faulty device.
Each state has laws for how long it must keep records. Most states mandate providers keep records for five to 10 years, and the median time period is seven years. For a complete list, visit HealthIT.gov .
Where Do I Find Medical Record Retention Laws For My State?
Another option for obtaining records is to fill out a request with consumer reporting agency MIB, which was created under the Fair Credit Reporting Act. It collects and shares your medical data with insurance companies. You have a right to the data it collects about you and you can fill out a request directly on its website.
If you need to request military medical records, you’ll need to reach out to the U.S. Department of Veterans Affairs. The VA houses all military medical records across branches of the service.
Fill out standard VA Form 180 to start the process moving. Mail the completed form to the correct records custodian listed on the form. If you have any issues, contact the VA at 800-827-1000 to find the closest VA office to you, where you will work with a patient advocate who can help you.
Access To My Hospital Or Doctor's Medical Records
If you separated from the service after Jan. 1, 2014, your paperwork will likely be digitized. As long as your service treatment records, or STRs, don’t contain classified information, you should be able to get them through your Department of Defense electronic patient portal, through TRICARE Online or through Genesis, the DOD’s military health system. (TRICARE is moving its patient communications and records from its portal to the Genesis portal.)
More than 90% of health care systems, including hospitals, doctor groups, insurance companies and the VA, have Electronic Health Records systems. EHRs provide patient portals that store medical records and streamline doctor-patient communication and prescription management.
Portals let you read, download and print stored health information. Records typically available through portals include summaries of recent doctor visits, lab results, medication lists, allergies, immunizations and discharge summaries. Many labs, including LabCorp and Quest, also have their own portals.
Are Medical Records Private?
Patient portals, however, may not contain operation reports and physician’s notes. You may need to contact your doctor or specialist directly for more complete information.
Depending on the state, providers have anywhere from 30 to 60 days to process a request. Many facilities may provide records within five to 10 days, according to American Health Information Management Association. It should not take more than 90 days to fulfill a request.
“I called the records department, and they sent me forms to fill out via email or online, ” patient Rachel Brummert told . She reportedly has requested her medical records on multiple occasions. “On average it took about two weeks for my records to be copied.”
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Emis Web Q&a
The VA and TRICARE do not have specific fulfillment timelines. Keeping
