What should I do if the hospital doesn’t give me medical records? ——Patient Rights Protection Guide
Recently, complaints about "hospital refusal to provide medical records" have sparked heated discussions on social media. Many patients report that they encounter difficulties in obtaining medical records during the medical treatment process, which not only affects subsequent treatment, but may also infringe on patients' legitimate rights and interests. This article will combine the hot discussions on the entire network in the past 10 days to sort out the solutions and precautions for this problem.
1. Data statistics on relevant hot topics in the past 10 days
| platform | Volume of topics | keywords | Typical complaint cases |
|---|---|---|---|
| 12,500+ | #HospitalRefusestoGiveMedicalRecords#, #MEDICAL RECORD RIGHTS DEFENSE# | A tertiary hospital delayed the provision of medical records on the grounds of "system upgrade" | |
| Zhihu | 3,200+ | "Medical record sealing", "Medical record copying charges" | Hospital refuses to provide complete medical records after patient's failed surgery |
| Tik Tok | 8,300+ | # Medical Records Rights Protection Tutorial#, #MEDICAL-PATIENT DISPUTES# | Internet celebrity blogger records the whole process of medical records rights protection video |
2. Patients’ legal rights to medical records
According to the Regulations on the Prevention and Handling of Medical Disputes:
1. Patients have the right to access and copy all medical records such as their outpatient medical records, hospitalization records, temperature sheets, and medical orders.
2. Medical institutions shouldwithin 6 hoursProvide medical record duplication services
3. Copies of medical records can be collectedReasonable cost of production, but shall not refuse to provide it for any reason
| Medical record type | shelf life | How to get it |
|---|---|---|
| Outpatient medical records | ≥15 years | You can apply for a copy after the treatment. |
| Inpatient medical records | ≥30 years | Filed and photocopied within 3 working days after discharge |
3. Steps to deal with refusal
1.first communication: Submit a written application to the medical records management department, indicating the purpose and required content.
2.Second negotiation: Require the hospital to issue written reasons for rejection and record reception staff information
3.Administrative complaints: Complain to the Medical Affairs Section of the local health commission (Tel: 12320)
4.legal approach: Administrative litigation can be filed in court to require the hospital to fulfill its legal obligations.
4. Notes on rights protection
| situation | Handling suggestions | Legal basis |
|---|---|---|
| The hospital requires a "disclaimer agreement" to be signed | Expressly refuse, this request is illegal | Article 24 of the "Medical Quality Management Measures" |
| There are obvious signs of tampering in medical records | Immediately apply to seal original medical records | Article 23 of the Regulations on the Prevention and Handling of Medical Disputes |
| Involving medical malpractice disputes | Simultaneously apply for identification from the medical association | Article 20 of the "Medical Accident Handling Regulations" |
5. Expert advice
1. Develop during medical consultationRecord at any timehabit of saving inspection reports and other original vouchers
2. When applying for copies of medical records, it is recommended to use neutral reasons such as "reimbursement by commercial insurance" to avoid intensifying conflicts.
3. For electronic medical record systems, you can request to exportPDF cannot be modifiedversion of
4. If you encounter difficult cases, you can contact the local People’s Mediation Committee for Medical Disputes (Medical Mediation Committee) for help.
According to the latest statistics, in 2023 medical complaints27.3%Involves medical record issues. As public legal awareness increases, properly handling medical record issues has become a compliance aspect that medical institutions must pay attention to. Patients should not only have the courage to safeguard their own rights and interests, but also pay attention to rationally safeguarding their rights through legal channels.
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