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- The Act on hospital establishments contains some provisions concerning the medical file. The patient has the right to access his individual file. He may exercise this right personally or by mediation of a physician appointed by him who may or not be linked to the hospital where the file is kept. After the death of the patient, the right to access the medical file can be exercised by the not-separated spouse and his children and every person who formed an actual family with the deceased patient and, when the patient was under 21, his parents, by mediation of a suitable physician. The hospital must hand over to the patient or his physician copies the medical file. They are also able to consult the file at the hospital.
- The Code of medical ethics stipulates that the medical professional secrecy is not incompatible with the patient who asks access to his file. The patient has the right to access his medical file personally or by mediation of a physician. He also has the right to copy his file or a certain part of it, against payment of the costs and after signing for receipt. Every copy mentions that it is strictly personal and confidential. The personal notes of the doctor and data which were made available by a third person cannot be communicated when they are not related to the medical condition, the treatment or the continuity of the care of the patient. The identity of third parties which have made data available and the information which is exclusively related to third parties, can under no circumstances be made public.
- The Code of medical ethics also regulates the right to access by descendants after the death of the patient. The regulation seems incorporated by the Act on hospital establishments, but contains two important supplements. The descendants must motivate and specify their request to access the medical file and access is not possible when the patient himself resisted against this access by his descendants.
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