Patients are entitled to access their files free of charge – even without giving reasons. The European Court of Justice decided that. This was preceded by a dispute between a dentist and a patient.
A man argued with his dentist about the treatment. He wanted to take action against her because she had treated him wrongly. That’s why he asked her for a copy of his medical records. In return, the doctor demanded that he cover the costs – but the patient refused.
According to the patient, there is a right to a free copy of the file under data protection law. And today he was proven right: the EU’s highest court, the European Court of Justice, ruled in his favor – and for the entire EU.
Copy of the patient file without giving reasons
Accordingly, patients generally have the right to receive a free first copy of their medical file – regardless of their reasons. It doesn’t matter whether they want to know what data is being stored about them or whether they suspect a treatment error. This means that patients do not have to justify their request for a free copy of the patient file.
In Germany, patients have long had the right to access their files. But until now you had to pay for the copy. That no longer applies now. Even if this means time and effort for doctors, the patient’s rights come first, say the European judges.