Copying medical records to patients' families, but the hospital loses money?
Two years ago, Xu Feng (not his real name) underwent heart surgery at a hospital in Beijing. A year later, his hospitalization records unexpectedly appeared in the divorce proceedings of his son and daughter-in-law. [1]
When his illness is discharged from the hospital, it becomes a means for his children to fight for divorce rights. In 2023, Xu Feng took his daughter-in-law and the hospital to court. [2]
Is it wrong for the hospital to provide medical records to the family?
The daughter-in-law submitted Xu Feng's medical records in order to prove that Xu Feng could not help take care of her grandchildren through her illness.
But that's not the way it was intended. According to her statement, she went to the hospital to copy the medical records of patient Xu Feng in order to use them to consult other experts on a better plan.
But when the judge asked her if she had asked for the patient's consent, she replied: "I didn't talk to him directly, and I didn't have time to tell him afterwards." 」
Source: Reference 1 **Screenshot.
From the perspective of family relationships, it makes sense to obtain medical records and seek a better solution; From a legal point of view, even for such reasons, the act of obtaining medical records without notification is an illegal act that infringes on the patient's personal rights.
In the course of the subsequent investigation, the court found that when the patient's family obtained the patient's medical records from the hospital, they only provided their own ID card, and did not produce the patient's valid identity certificate and power of attorney, and the hospital chose to provide it directly.
Article 1226 of the Civil Code of the People's Republic of China stipulates that medical institutions and their medical personnel shall keep patients' privacy and personal information confidential. Those who leak the patient's privacy and personal information, or disclose their medical records without the patient's consent, shall bear tort liability.
Therefore, the Beijing Third Intermediate People's Court finally ruled that the patient's family and the hospital jointly infringed on the patient's personal information rights and privacy rights, and that they should apologize in writing to the patient and jointly compensate the patient with a solatium of 8,000 yuan for mental damages.
Sixty percent of medical records are copied by family members, how to avoid risks?
The photocopying of medical records is the final link in the patient's medical treatment process. The photocopied materials can be used for reimbursement, and can also be used for special diseases, data retention, follow-up referrals, and evidence collection by judicial organs. [3]
In each hospital, thousands of medical records are photocopied each year. The vast majority of these copies are made by the patient's family members and the patients themselves. According to the statistics of a people's hospital in the southeast region, the family members of patients account for 616%。
Source: Reference 3
There are detailed legal provisions at the national level. In accordance with the regulations, medical institutions shall accept applications from patients or their authorized persons to copy or consult medical records, and provide medical record copying or access services in accordance with regulations.
However, the popularity of this rule is not high. In a survey of 2,310 people at a hospital in Guangdong, only 154% of patients or their family members knew that they should bring their ID card when making copies, and only 9% were aware of the requirement to provide a power of attorney1%。[4]The survey also found that many medical staff in the hospital's clinical departments were unaware of these regulations, making it difficult to introduce them to inpatients.
As a result, different understandings and rules have emerged in different places. Dr. Chen Liping's hospital in Maoming, Guangdong Province, offers a variety of authorization methods. [5]
At her hospital, the signature of the doctor in charge of the bed can also be used to prove the relationship between patients and their families. Considering that during the patient's hospitalization, the family members who come to take care of the patient may not be directly related, and for aunts, grandparents, mothers-in-law, sons-in-law, etc., which are difficult to prove the relationship with statutory documents, the medical records department allows the doctor in charge of the bed to sign to prove the relationship between the patient and the ** person. [5]
Mao Yunfeng, a lawyer at Beijing Jingshi (Shanghai) Law Firm, believes thatThe doctor in charge of the bed is not the legal subject who has the right to prove the relationship, and the certification materials signed by the doctor are invalid in law. Based on this, medical institutions provide patients' medical records, and there is a legal risk of tort liability due to infringement of patients' privacy rights and disclosure of patients' personal information.
In addition, the patient's son-in-law, daughter-in-law, friends, colleagues, etc., are not relatives or friends of the patient's close relatives, and are not legally allowed to directly access and copy the medical records. With the patient's authorization and the patient's signed power of attorney, these relatives and friends can access and copy the patient's medical records.
When medical establishments accept a patient's application to access and reproduce medical records, they shall strictly review the relevant supporting materials to prevent relevant legal risks.
The two were involved in leaking Zhou Haimei's medical records and were investigated