They certainly can. The German Civil Code contains an entire chapter on medical treatment and patient rights. Section 630g German Civil Code regulates that a patient has the right to demand to personally inspect the original patient file. This includes computer files as well as any handwritten notes that may exist. Nowadays, most physicians and certainly all hospitals keep patient files in electronic form. Thus, in practice, the doctors and medical institutions will offer to provide the patient with a copy of the medical records in such electronic form, i.e. as a CD, DVD or cloud based download option.
In some cases, especially when it comes to psychotherapy or mental disorder treatment, the neurologist oder psychotherapist may reason that it is against the patient’s best interest to grant him or her full knowledge of the file. However, this paternalistic view becomes more and more rare. Nowadays, German courts usually do rule in favour of the patient who wants to obtain full knowledge of his or her medical records, even if the patient may not be happy about the medical findings contained in such files.
We have explained in this post (link) how to make a personal injury claim in Germany. As far as compensation for pain and suffering (Schmerzensgeld) is concerned, such German personal injury lawsuits do not provide quite the same upside potential as in the United States due to the lack of a jury and due to the restrictive tradition of German law when it comes to non-monetary damages. Still, German law, in principle does compensate a patient for all costs, losses, expenses and also some non-monetary damages.
The Lawyer's Guide To Medical Records
If a patient believes that their medical treatment in Germany was not state of the art and that they have suffered an injury, the first step will be to ask for a copy of the medical records. This enables the patient or a provate medical expert hired by the patient to assess the case.
In such cases, the patient can either ask for a copy of the patient file themselves or instruct a law firm to request the physician/hospital records on the patient’s behalf. Our firm has prepared a bilingual (German / English) standard patient records release request form for our clients to use (download form as pdf):
In this letter, the client authorizes the lawyers to either inspect the patient file in person at the doctor’s office and/or to request a copy of the file either in paper or in electronic form. This consent form must then be presented to the physician or medical insitution. If the patient or his/her lawyer asks for a copy of the file, the physician / hospital is entitled to demand reimbursement for the costs to make such a copy of the file.
London Court Throws Out Lawsuit Against Google Over Medical Records
In those tragic cases where a patient has died, the heirs and/or next of kin are usually authorized to inspect the patient files (section 630g para. 3 German Civil Code). However, things tend to get a bit more complicated in those circumstances because a physician may argue that the patient would not have wanted these heirs or relatives to know. In case of a potential tort claim, however, German courts usually rule that the medical records must be disclosed.
For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.
Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.At Allen & Allen, a critical component of every personal injury case we handle is the need to prove to the judge or jury the full extent of our client’s harms and losses.
Our Complaints Process
This almost always involves the use of medical evidence. I find that many clients are surprised to learn that medical records from the hospital or doctor’s office often are not always admissible as evidence in every court.
In Virginia, the information which can be presented at trial is governed by the Rules of Evidence. One of the better-known rules of evidence is the rule against hearsay. Generally speaking, one person cannot repeat in court another person’s out-of-court statement. The rule against hearsay even includes documents; writings made out of court generally cannot be offered into evidence as proof of the statements made therein. This means that in most cases, medical records cannot be used at trial to prove the extent of the plaintiff’s injuries.
There are, however, many exceptions to the hearsay rule. One is the “business records exception.” Records that are made as routine entries in the regular course of business can be used at trial. Given the proper foundation, medical records can be established as business records and admitted into evidence.
Medical Record Review
But there is an important “exception to the exception.” The Supreme Court has held that even if medical records are admitted into evidence under the business records exception, any
The key part of medical evidence in a personal injury case is typically the doctor’s diagnosis of the condition, and the conclusion that the condition was caused by the defendant’s negligence. Because these matters constitute the doctor’s opinion, which is excluded under the Neeley v. Johnson case, medical records are rarely offered into evidence in Virginia circuit courts.
Instead, we present on behalf of our clients the trial or deposition testimony of doctors or other medical experts, in order to prove the full extent of the harms and losses.
How To Request Medical Records • 1 800 Hurt 911® Ny
There is a different exception to the hearsay rule that allows for the introduction of medical records only in Virginia general district courts (as opposed to circuit courts). By statute, medical records can be introduced in general district court if they are accompanied by sworn statements establishing their authenticity.
This statute also permits the use of a report by a treating healthcare provider in general district court. The use of this procedure can be strategically beneficial to a plaintiff in cases where medical testimony in court is not practicable.
The importance to the plaintiff of proving in court the full extent of his or her injuries and damages cannot be overstated. At Allen & Allen, we have extensive knowledge of the various evidentiary rules that govern this proof, in order to present the best case possible for each client.
Who Owns Or Can Access My Medical Records?
If you have been injured due to the negligence of another, reach out to Allen & Allen for a free consultation, and to discuss the unique details of your case. Call today at 866-388-1307.
What’s the difference between a child’s brain injury and adult’s brain injury? December 20, 2022 Blog As attorneys for people who have been injured through no fault of their own, one of the diagnoses that we regularly see among our clients is traumatic brain injury (TBI)….
The dangers of Interstate 81 in Virginia October 18, 2022 Blog Stretching 325 miles from Winchester in the north to Bristol in the south, Interstate 81 is the longest interstate highway in Virginia. It’s also the primary corridor for economic activity…
Why Should I Get My Medical Records?...you're My Lawyer, Do Your Job!
Electric vehicles are becoming supersized – at the risk of safety August 15, 2023 Blog Earlier this year, General Motors (GM) reported that it would halt the production of its most popular electric vehicle, the Chevy Bolt. They will focus instead on larger electric vehicles…
Avoid chronic pain: Lighten the load on backpacks August 10, 2023 Blog It’s back-to-school season! It’s an exciting time of year for youngsters (and parents!) who have endured the dog days of summer. Getting the school year off to a good start…
0 comments:
Posting Komentar