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[Who really 'owns' images made of patients?]
1Academisch Medisch Centrum, afd. Sociale Geneeskunde, Amsterdam, The Netherlands. j.legemaate@amc.uva.nl
Abstract:
Images made of patients as part of the delivery of care (photographs, x-rays, scans, histopathological images) are part of a patient's file. All legal rules pertaining to a medical record also apply to these types of images, including the patient's right to obtain a copy as well as the right to have the record (partially) destroyed. It is not useful to speak about images in terms of ownership. The issue actually relates to who has control over these images, not who owns them. Those who provide health care as well as the patient have combined control over the images.
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