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Published on: May 28, 2013
Insights
Physicians must maintain accurate patient medical records for continuity of care. While patients generally own their health information, physicians may restrict access if disclosure could harm the patient, reflecting evolving legal and ethical standards.
Area of Science:
- Medical Law
- Healthcare Ethics
- Patient Rights
Background:
- Physicians have legal and medical obligations for maintaining patient medical records.
- Historically, medical records were considered the sole property of healthcare providers.
Purpose of the Study:
- To discuss physician record-keeping obligations.
- To examine the judicial attitude towards patient medical record ownership and access.
Main Methods:
- Review of legal precedents and judicial attitudes.
- Analysis of physician responsibilities in medical record management.
Main Results:
- Current legal trends recognize patient rights to their medical information, while physicians retain ownership of the original record.
- Physicians are liable for record maintenance, custody, and storage for statutory periods.
Conclusions:
- Physicians must ensure diligent record-keeping for continuity of care.
- The concept of professional discretion allows physicians to deny patient access if deemed detrimental, balancing patient rights with physician judgment.
Abstract:
This article discussed the physician's obligations in record-keeping and current judicial attitude towards the patient's medical record. Physicians are required, both medically and legally, to maintain a current, adequate record for each patient. This established the physician's continuity of care, but it also requires his vigilance and diligence through constant review and surveillance. In the past, the record was exclusively the property of the health care provider. Of late, jurisdictions are decreeing that the health care provider has an absolute right to possession and ownership of the original record only, and the right to the information in the record belongs absolutely to the patient. The physician is liable for the proper maintenance, custody, and storage of the record for the required statutory period. Although the patient can custimarily obtain his record by court order, the courts have also recognized the concept of professional discretion under which a physician may deny the patient access to his medical record if in the physician's judgment he believes it would be to the patient's detriment.
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