Good morning! I need advice on medical records. I would like to see the sickness record of my Grandfather who died a few years ago. I do not know which institution to turn to (the clinic to which he belonged?) And what do I have to do to be allowed to see these documents? I will be grateful for the advice. Regards
The grandfather's sickness card should be in the he alth care facility that treated him. Based on Article. 26 of the Act on Patient Rights and Patient Rights Ombudsman, the entity providing he alth services makes medical documentation available to the patient or his / her statutory representative, or to a person authorized by the patient. It is worth noting that in accordance with the wording of this provision, the patient himself and the person indicated during the patient's lifetime have the right to read the documentation of the disease. Therefore, if you did not have the appropriate rights at the time of your grandfather's death, you will not have access to the documentation after his death. In response to the second question, it should be clarified that the entity providing he alth services keeps medical records for a period of 20 years from the end of the calendar year in which the last entry was made, with the exception of: 1) medical records in the event of the patient's death as a result of bodily injury or poisoning, which is stored for a period of 30 years from the end of the calendar year in which the death occurred; 2) X-ray photos stored outside the patient's medical documentation, which are stored for a period of 10 years from the end of the calendar year in which the photo was taken; 3) referrals for examinations or doctor's orders, which are stored for a period of 5 years from the end of the calendar year in which the service being the subject of the referral or order was provided; 4) medical records concerning children up to the age of 2, which are kept for a period of 22 years. It is worth noting that medical documentation is made available: 1) for inspection, including databases in the field of he alth protection, at the premises of the entity providing he alth services; 2) by drawing up its excerpts, excerpts or copies; 3) by issuing the original against a receipt and subject to return after use, if the authorized body or entity requestsprovide the originals of this documentation. Legal position: Act on patient's rights and patient ombudsman (Journal of Laws of 2012, item 159)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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