Clear and legible records satisfy legal, professional, institutional, and ethical obligations. Your medical record ownership is a shared concept Although medical professionals have an ownership claim to the patient’s file, they cannot use the patient’s file any way they would like
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The information in the file is subject to confidentiality meaning the information cannot be shared without the consent of the patient.
While a healthcare provider owns the tangible chart or digital file, the patient retains control over the data
This framework establishes providers as custodians of the record, while patients have authority over their personal information. While recognizing the practitioner’s ownership of the clinical records, the case judgment states that the information in those records belongs to the patient and that the patient has a right to access that information upon request. Physicians with custody or control of medical records must have records management protocols that regulate who may gain access to the medical records in their custody or control and what they may do according to their role, responsibilities, and the authority they have. While they may not own their medical records, patients generally have rights to access their records and to prevent others from gaining access, entitlements traditionally recognized in the property bundle
25 only one state, new hampshire, gives patients explicit statutory rights. This important question was debated during a series of webinars run by the bmj on patient access to medical records.1 most of those involved agreed that we should be able to access all data that’s held on us, including our full medical records, but the ownership question was more contentious. As a general rule, patients are also entitled to have access to their own medical record unless there are compelling reasons to withhold such access, as outlined in the article how to manage your medical records Retention, access, security, storage, disposal, and transfer.
