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Rights regarding the Medical File| SPAIN
| GENERAL OVERVIEW | BIOMEDICINE CONVENTION | EU MEMBER STATES | TYPES OF PATIENT RIGHTS LEGISLATION |
| 1. All patients or users of health care services have the right for a record to be kept -in writing or in the most suitable technical medium- of the information gathered during all their provided health care services. 2. The medical file has to include all information considered to be significant for the truthful and updated knowledge of the health condition of the patient. To elaborate this general formulation the Patient Rights Law determines the contents of the medical file in a more detailed manner. 3. The patient not only has the right to access the medical file, but also the right to copy it. The right to access the medical file can not be exercised to the prejudice of a third party’s right to confidentiality of the data noted in the medical file for the therapeutic interest of the patient, nor to the prejudice of the right to confidentiality of the subjective annotations made by the professionals who elaborate the clinical record 4. The clinical record of a deceased patient may be accessed by family members or persons related to the patient by de facto reasons, unless the patient has expressly prohibited such access and this was duly accredited. A third party may access relevant data of the medical file when his health is at risk. |