Procedure for requesting a patient’s medical documents

Obtaining copies of medical documents is the right of every patient. They may be needed to confirm a diagnosis, file a complaint, receive insurance benefits, or defend their rights in court. However, in practice, the process of obtaining them often causes difficulties - due to bureaucracy, patients' ignorance, or clinics' reluctance to provide data. If you have difficulties obtaining information from a hospital, contact the Law Firm "Prіkhodko and Partners", which will help you obtain the necessary papers and provide further support in a medical dispute.

The patient's right to receive information about his health

Every patient in Ukraine has the legal right to know the truth about his health. In accordance with Art. 39 of the Fundamentals of Ukrainian Legislation on Healthcare and 285 of the Civil Code of Ukraine, medical professionals are obliged to provide the patient with reliable, complete, and understandable information about the diagnosis, examination results, treatment methods, and possible risks.

An adult patient may personally review medical records related to his or her health. If the patient is a child/person under guardianship, the information is provided to his or her parents, adoptive parents, or guardians.

How can I get medical documents from a hospital?

Every patient is guaranteed access to their own medical information. Medical documents can be obtained in person or through a representative (including a lawyer).

• Independent application to the hospital

A patient can apply directly to a medical institution to obtain copies of medical documents or information about their health. The hospital's refusal to provide such data is a violation of the law.

• Obtaining documents through a lawyer

If a patient wants a lawyer to receive documents, the main tool is a lawyer's request. To satisfy it, it is necessary to provide:

1. the patient's written consent to the processing of personal data;
2. a lawyer's request with a clearly defined purpose for obtaining data;
3. confirmation of the lawyer's authority - a copy of the certificate and warrant.

Important! If a medical institution refuses to provide copies of documents without legal grounds, this can be appealed. The patient has the right to know the truth about his health and freely use his own medical information.

What problems arise when requesting medical information?

• Unreasonable refusal to provide documents

The most common problem is the hospital's refusal to provide medical documents, even when the patient / his representative has submitted a proper application. Often this is motivated by "protection of medical confidentiality" or "internal regulations", although the law directly guarantees the patient access to his own data.

• Request for unnecessary documents

Some institutions require additional certificates / notarized confirmations that are not provided for by law. This delays the process and creates obstacles to the exercise of the right to information.

• Violation of response deadlines

According to the law, a response to a request must be provided within a specified period (usually up to 5 business days). In practice, institutions ignore the deadlines or delay the issuance of documents.

• Lack of proper documentation

Sometimes medical institutions provide incomplete and incorrectly certified copies, which makes it impossible to use them in court or for other official purposes.

• Non-recognition of a lawyer's request

Despite clear regulations, some hospitals do not recognize a lawyer's request without additional explanations and approvals.

Liability for failure to respond to a lawyer’s request

If an institution or official fails to respond to a lawyer’s request, provides incomplete or false information / does so late, this is a violation of the law.

According to the Law “On Advocacy and Advocacy” and Article 212-3 of the Code of Administrative Offenses, such actions are subject to a fine of 25 to 50 NMDG.

The lawyer also has the right to appeal the inaction in court. The court may oblige the institution to provide information and hold the guilty parties accountable.

Why should you contact a lawyer to obtain medical information?

Contacting a lawyer is an effective and safe way to obtain medical documents from a hospital.

First, a lawyer will help you understand your situation: analyze the circumstances, advise on the best course of action, and prepare all the necessary documents.

Secondly, a lawyer's request has greater legal force than a patient's personal request. Clinics are more likely to respond to requests from lawyers, since refusal entails administrative liability.

If the hospital refuses to provide information, a lawyer can file a complaint or go to court to protect your rights.

In the event of a dispute with a medical institution or the need to obtain documents, contact the medical lawyers of the Law Firm "Prіkhodko and Partners" - specialists will not only request documents, but also support the case at all stages, both in pre-trial and judicial proceedings.

Do you have any questions? Leave a request on the website and our lawyer will contact you.