The medical file: a few rules
The medical file is essential to understanding your situation.
It must include a set of documents such as examination results, consultation, operation, exploration or hospitalisation reports, treatment protocols and prescriptions, monitoring sheets, correspondence between healthcare professionals, etc. The medical file must not be confused with the information you can retrieve from “Mon espace Santé” managed by the French National Health Insurance and the French Ministry of Health.
This medical file should not be confused with the information you can retrieve from “My Health Space” managed by the French National Health Insurance and the Ministry of Health.
These elements do not replace the records stored and managed directly by doctors and hospitals.
The right of access to medical records is set out in article L1111-2 of the French Public Health Code.
At all times, patients are considered to be in control of their medical records. This means that it is up to them personally to request a copy.
In addition, the heirs of the deceased may request access to the file on the basis of article L1110-4 paragraph 10 of the Public Health Code.
The spouse and heirs may therefore obtain medical information in order to find out the causes of the deceased’s death, defend his memory or obtain recognition of his rights.
In addition, although patients have the right to pass on information about themselves, any breach of medical confidentiality by those subject to it is punishable, except in authorised cases, by one year’s imprisonment and a fine of 15,000 euros (article 226-13 of the French Penal Code).
Requests for medical records should be sent by recorded delivery. If the request is refused, legal action may be taken.
The DAMY law firm, whose main practice is in Nice, can help you with these procedures and any other action relating to your medical records.
When it comes to medical errors, medical accidents and, more generally, all personal injury cases, the medical file is a key element that you cannot ignore.
So don’t hesitate to make an appointment.
