Violation of the Right to Medical Records Cover Image

Naruszenie prawa do dokumentacji medycznej
Violation of the Right to Medical Records

Author(s): Monika Wałachowska
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego

Summary/Abstract: The article aims to present the legal framework for keeping and sharing medical records and the legal consequences of violating the right to medical records. Since the law does not include this violation in the catalog of infringements that open the possibility to claim pecuniary compensation for immaterial loss, the author indicates other possible legal grounds that could serve as a basis for the claim for compensation for non-pecuniary loss. The author also presents the case-law of administrative courts that found violations of legal provisions on medical records as violations of collective patients’ rights.

  • Issue Year: I/2021
  • Issue No: 49
  • Page Range: 85-100
  • Page Count: 16
  • Language: English, Polish