Section IV: ACCESS TO MEDICAL RECORDS
3-15. OWNERSHIP OF MEDICAL RECORDS
a. The Hospital as Owner of the Forms. Medical records, the hospital's
business records, are retained for the benefit of the professionals who work with the
patient. The law recognizes medical records (the forms or documents) as the property
of the hospital that maintains them. Thus, the hospital must exercise control over
access by outsiders. Records are protected from public scrutiny by the general practice
of nondisclosure.
b. The Hospital as Custodian of the Information. Medical records are a
special type of property. While the hospital owns the forms or other medium (computer
software) on which the information is recorded, it is merely the custodian or keeper of
the information contained in the record. The patient has a right to the information
contained in the records.
THE HOSPITAL OWNS THE PHYSICAL RECORDS BUT NOT THEIR CONTENTS
In Cannel vs Medical and Surgical Clinic (III., 1974), the court ruled that the patient
and others had a right of access to the information, in many circumstances. The
patient and others did not, however, have the right of possession of the original
records.
THE PATIENT PAYS FOR INTERPRETATION, NOT FOR THE X-RAY
NEGATIVES THEMSELVES
In McGarry vs J.A. Mercier Co. (Mich., 1935), a patient was sued by his physician for
failing to make payment for professional services rendered. The patient maintained
that since the physician had retained the patient's x-rays, he (the patient) should not
have to pay for them. The court ruled that the patient did not have a right to the x-ray
negatives themselves. The court went on to say that the patient does not pay for a
picture per se, but rather the interpretation of the x-rays.
c. Army Medical Records. Medical records generated within the Army are the
property of the US Government. As such, they are subject to the same legal controls
as other government documents. A military medical record differs somewhat from a
civilian medical record in that the former also serves as an administrative document that
can affect the soldier within the larger scope of his or her military career, in general.
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