A survey by the Dutch Consumers’ Association
In its guide of 14 February 2014 – under the title ‘High barriers to requesting a medical record’ – the Dutch Consumers’ Association described the experiences of people who had requested a copy of their own medical record. It reported that of the fifty GPs approached, thirty created barriers. These GPs objected and asked patients why they needed the record. Eight patients did not receive their record despite their efforts.
Right of access
The right to inspect your own medical record and receive a copy is laid down in the Medical Treatment Contracts Act (WGBO). This law stipulates that a patient must always be given the opportunity to read their medical record carefully at home. The Dutch Consumers’ Association considers it unacceptable that doctors create barriers when a record is requested. To quote the Association: ‘Doctors should actually encourage patients to exercise their rights and play an active role in building up their record’.
The Dutch Consumers’ Association supports personal health records, in which every patient can always access their own data online. For example, patients could view their complete medical record via a secure connection.
The National Association of General Practitioners (LHV) says it cannot comment substantively on the findings. It does, however, confirm the patient’s right to a copy of their medical record.
Fear of requesting the record
Many patients do not dare to request their record. They expect the GP to object. When the doctor does not want to provide the record, this causes tension for the patient; they do not want to jeopardise the relationship of trust with their doctor.
The Medical Treatment Contracts Act (WGBO) provides that you have the right to inspect your own medical record. The medical record contains all test results, letters, surgical reports and, in the event of hospital admission, notes made by nurses and doctors. Young people aged 16 and over can request the record themselves.
The doctor must provide access and make a copy as soon as possible. The doctor may not charge a fee for inspection. Costs may be charged for a copy.
Refusal
A request for access may only be refused if it would harm the privacy of someone other than the patient. For example, the patient’s partner or a family member may have said something about their relationship that must be kept confidential.
However, it must be demonstrated in each case that the interests of that other person would be harmed and that those interests outweigh the patient’s interests. Note: notes concerning other people can be removed and are separate from providing the patient’s medical information.
Correction
If the record contains matters with which you disagree, the law allows you to demand correction of data, but this applies only to facts such as address, name and date of birth. Opinions and conclusions of the doctor with which the patient disagrees cannot be changed. However, the patient does have the right to have the record, or certain parts of it, destroyed regardless of what information they contain; the patient can therefore have parts removed.
Right to block disclosure
In medical examinations, the right to block disclosure gives you the right to be the first to learn the result and conclusions of the medical examination and to decide whether they may be communicated to others. An example is the result of a medical examination in connection with an application for life insurance. You can then decide for yourself whether the medical adviser’s opinion is provided to the insurer.
