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Healthcare facilities : How to transmit a patient's medical record?

Published

06 March 2024

Read time

3 minutes

Everything you need to know about transmission conditions.

In this article, you will learn:

Who should the medical file be addressed to?

What content to communicate?

How to transmit it?

According to article L.1111-7 of the Public Health Code, the communication of the medical file is an obligation for you, healthcare professional or healthcare facility, and a right for the patient.

Who can request access to the medical file?

  • The patient
     
  • The other people who have access to the medical record.

    • The tutor if the patient is under guardianship.

    • The holder of parental authority.If the patient is a minor (unless there is a specific case of express opposition from the minor).

    • The rightful owner (spouse, child, concubine, civil partner): in case of death, unless there is opposition during their lifetime, to allow them to know the causes of death, to defend the memory of the deceased or to assert their rights (the applicant must indicate one of these three reasons and justify their status as a beneficiary).

    • The healthcare professionals. If they participate in patient care and if this information is strictly necessary for care coordination and continuity.

    • The judicial authoritiesTranslate this into English.
      •By search warrant
      • By filing a document       by one officer of police judicialTranslate this into English: The presence of a representative Translate this into English: of The Order Translate this into English: of Doctors Translate this into English: is requested.

Dossier Médical

Attention.

Do not directly communicate any elements to any third party, such as:
• an insurance company doctor,
• a forensic expert doctor,
• an occupational doctor,
• the patient's lawyer (unless mandated).

To avoid any difficulties, it is advisable to give the medical documents to the patient or ask for their prior consent.

What content to communicate?

You must communicate. All elements directly related to the establishment of the diagnosis and the patient's follow-up, or the subject of the dispute. in case of procedure.

What are the access modalities to the medical file?

  • Free on-site consultation information

  • Issuance of copies: Until now, fees could be charged without exceeding the cost of reproduction and, if applicable, sending the documents. A ruling on October 26, 2023, by the Court of Justice of the European Union makes this transmission free in light of the rules regarding the protection of personal data. Reasonable fees can only be requested if the requests are unfounded or excessive.

  • Hand delivery.

Dossier Médical

Attention

Personal notes and information about third parties or collected from third parties are not part of the medical record.

For the original record seizure by a judicial authority, remember to keep a copy.

The medical file must be transmitted within a minimum period of 48 hours (reflection period) and a maximum of 8 days (the period extends to 2 months if the file is over 5 years old or if the departmental psychiatric care commission is involved).