[Access to the medical file of a deceased person]

The Dutch Act on Patients Rights requires that physicians record all forms of treatment in the medical file of the patient concerned. This obligation ends once the patient dies. Do family members of the deceased patient then have the right to consult the medical file? This question regularly emerges when family members question the competence of a deceased person, notably when the latter before its death changed its will. According to the Act on Patients Rights access to the medical file of a deceased person by relatives is restricted to three situations. In these cases the treating physicians is required to provide access. Family members do not have the right to require the treating physician to retrospectively report on the competence of the deceased person. Family members can only ask an independent physician to advice on the competence of the deceased individual.