Access of a relative to medical records after the patient’s death

Abstract

An inseparable element of treatment is medical documentation, which reflects the process of providing health services. The patient’s right to access medical records is of fundamental importance in health care. The subject of the study is to present access to medical documentation for relative after the patient’s death. In such a situation, the law provides for the possibility of providing access to a person authorized by the patient during his lifetime or to a person who was his statutory representative at the time of death of the patient. As a rule, medical documentation is also made available to a close person, unless another close person objects to making it available or the patient objects to it during his lifetime. The patient’s objection may be overcome in two situations, i.e. in order to seek compensation or reparation, for the patient’s death, and to protect the life or health of a close person. The above is decided by the court in non-litigious proceedings. The court may consent to the disclosure of medical documentation and specify the scope of its disclosure. This article will present an analysis of legal provisions and case law regarding access of a close person to medical records after the patient’s death. The article will also be an attempt to answer the following questions: What are the possibilities of verifying whether the person who requested access to the medical records of a deceased patient is a relative of that patient? Whether the patient’s authorization to access medical records is binding on all medical entities or only the one in which it was granted? Whether the patient’s right to medical records can be perceived as a substrate of the right to autonomy/privacy?