A Right of Access to Medical Records: The Contemporary Case Law of the European Court of Human Rights and the Jurisprudence of Germany

Lytvynenko, Anatoliy

doi:10.30958/ajl.6-1-6

Cited by 2 publications

(1 citation statement)

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“…Patients’ right of access to medical records, according to Lytvynenko (2020), is a secondary contractual right originating from the patient’s right to self-determination. For example, in German jurisprudence, the patient’s right to access medical files is derived from the patient’s right to self-determination and dignity, which presumes that a patient may not be regarded as a mere object of treatment with no actual rights (Lytvynenko, 2020).…”

Section: Findings and Discussionmentioning

confidence: 99%

Respect for patients’ rights in health facilities: experiences of patients during the early period of the COVID-19 pandemic in Ghana

Golo

2022

IJHRH

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Purpose This paper aims to identify human rights violations of patients during the early periods of the COVID-19 pandemic in Ghana by investigating the experiences of people on how health-care professionals discharged their responsibilities during the time in question. Design/methodology/approach Explanatory design of the mixed methods approach was adopted, with the intention of collecting both quantitative and qualitative data sequentially, and then integrating the results at the interpretation stage. The approach enriched the quality of data collected as it offered the advantage of shedding light on the primary motivations and reasons for attitudes and behaviours and helped to provide an in-depth understanding of how individuals interpret the happenings around them and their experiences. Thus, although some amount of quantitative method was used in the data collection, the core of this paper is based on the qualitative interpretations. Findings The study reveals that health-care professionals, especially those in the Tema Metropolis, undermined certain fundamental human rights of patients during the early period of the COVID-19 pandemic. This includes failure to provide information to patients about treatment options and potential risks of medications; failure to seek the informed consent of patients before performing medical procedures; denial of access to medical files of patients for transfer; and inability or failure to provide medical ambulances services to patients on time. Originality/value Although many publications on human rights dimensions and health protective issues on COVID-19 pandemic are available on a global scale, still little information pertaining to experiences of individuals with health-care professionals during the early days of the COVID-19 pandemic, especially in Ghana through the lens of patient’s rights exists. This paper, therefore, fills an important gap in health-care management information, critical for policy decision-making processes regarding patient’s rights in times of pandemic control.

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Section: Findings and Discussionmentioning

confidence: 99%

Respect for patients’ rights in health facilities: experiences of patients during the early period of the COVID-19 pandemic in Ghana

Golo

2022

IJHRH

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Patient’s Privacy and Relatives’ Rights in Genetic Research

Moskovkina

2024

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The article discusses the collision of patient's right to confidentiality and their relatives interests to know a risk to the health earlier and to increase chance to receive therapy promptly. The author makes an ethical and legal analysis of the existing provisions governing the issue, and attempts to find practical solutions to the question of the doctor-patient relationship.The approach that privacy can be limited according to the decision of the patient is the most doubtless according to legislation of considered countries. Doctor’s role is to assist to share patients’ genetic risks with concerned relatives and explains how it effects the health and, several tools for this are offered (e.x. letter about genetic risks with recommendations, opportunity to invite relative for consultation).So, privacy is not absolute right and can be limited, but in what cases it is ethical? Legislation orders doctor to save patients’ rights. At the same time professional duty of physician to help people in a broad sense.As a result, and due to burden of knowledge doctors are have to overcome the serious moral dilemma and find the compromise – how to inform patients relatives about risks and even prevent diseases and not to undermine trust of the patient. The legislation of most of the countries does not answer this question, recognizing the right to confidentiality not as an absolute right, but as a prevailing right in comparison with the relatives’ interests. At the same time, the problem is more detailed in “soft law” acts and more progressive approaches are proposed – to consider confidentiality on the family level (not individual) in sphere of genetics. Moving such approaches from soft law acts into the field of legislation will remove part of the decision-making burden from doctors.

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A Right of Access to Medical Records: The Contemporary Case Law of the European Court of Human Rights and the Jurisprudence of Germany

Cited by 2 publications

References 1 publication

Respect for patients’ rights in health facilities: experiences of patients during the early period of the COVID-19 pandemic in Ghana

Respect for patients’ rights in health facilities: experiences of patients during the early period of the COVID-19 pandemic in Ghana

Patient’s Privacy and Relatives’ Rights in Genetic Research

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