Placing medical information in the hands of the judiciary: medicolegal problems.
The purpose of this study was to analyse the potential problems associated with sending hospital patients' medical records to different levels of the judiciary. Transmittal of such information may create a conflict between the duty to cooperate with the legal system and the patient's right to privacy. In our analysis of a total of nearly 380 such transmittals of medical histories in Spain, we found that approximately 90% involved possible negligence on the part of the hospital administration. In view of the current mobility of populations in different countries, and the increasing availability of medical data on electronic databases, we believe a coherent system of in-house regulations and international legislation should be passed to create a systematized framework for the protection of the patient's right to privacy.
Fernández-Valdivia
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A
Medical Records Service, University of Granada Hospital, Spain.
Ocón
P
P
Osuna
E
E
Luna
A
A
D003219:Confidentiality / Q000331:legislation & jurisprudence*; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence; D008499:Medical Records / Q000331:legislation & jurisprudence*; D013030:Spain