ownership of, patient access to, treatment records

Question 1

who owns patient records?

Answer 1

• practitioners or if they are not self-employed their employers

Question 2

do patients have the right to review all of info in their treatment record?

Answer 2

yes, under common law unless a statute or contract provides otherwise or the practitioner can convince the court to limit access

Question 3

how does a patient invoke the right to access

Answer 3

requesting it

no need to employ a lawyer

Question 4

what is the responsibility of a practitioner when responding to a request

Answer 4

• dont have to respond with original record or to immediately comply with an unexpected request 10 mins before close
• practitioners are expected to reasonably respond to a clients request
• can charge for retrieval of their copy and photocopying expenses if needed
• agency or practitioner may offer a patient summary of file or supervised access to original
• patient can insist on obtaining a complete copy of OG

Question 5

McInerney v. MacDonald

Answer 5

• Macdonald requested that her doctor provide her with complete copy of the medical file
• refused to release other reports and consultations made by other doctors
• SCC rejected McInerys position and ordered her to release entire file
• court stated that in the absence of legislation a patient is entitled to examine and obtain a copy of the whole record, including reports from other physicians and other information the physician considered in providing advice or treatment
• court noted physician can apply to have court deny patients access if physician can prove allowing access would endager plaintiff or others
• she could not prove it , Macdonalds request was approved

Question 6

common law right to access is much broader than PHIPA

Answer 6

• PHIPA grants indv a general right to accerss of personal information which is subject to numerous exceptions:
  ex. patients may be denied under PHIPA if granting access could reasonably lead to identification of a person: who was required by law to provide info; or who provided info in cofidence if the custodian thinks that ir is appropriate to keep the persons name confidential
  ex. permits access to be denied to a patient if granting access could reasonably be expected to create a risk of serious harm to patients treatment or recovery