Asked by the Customer on 14-05-2015 18:49:14
Question posted in the General Law category relating to KwaZulu-Natal
Question posted in the General Law category relating to KwaZulu-Natal
My husband was recently hospitalised in a private facility. He is now due to see his GP who has asked him to find out from the hospital what medicines he was given. When I phoned the hospital for my husband, I was told that his file had been archived( he was discharged on 1st May) and that information on drugs administered could only be given to his doctor - surely it's a person's human right to know what drugs they have been given. A doctor who attended him at the surgeon's request whilst he was in ICU, had no problem in disclosing what drug he had prescribed.
Message from the Attorney
Posted by Att. Patrick on 14-05-2015 19:39:54
Hi there and thank you for your question,
Your husband, as the patient, is most certainly entitled to a copy of his entire medical chart.
Perhaps the hospital gave you a little bit of a run around because you were asking for it on behalf of your husband?
My advice is that your husband should go to the hospital's admissions office and formally request a copy of his medical chart. There may be a charge that is levied by the hospital for copies, and if so hel'll need to pay that.
As to your question "surely it's a person's human right to know what drugs they have been given", the answer is Yes, the person is. You'll just need to jump through the hospital's hoops to get it.
The Promotion of Access to Information Act 2000 gives everyone the right of access to records held by either public or private bodies for legitimate purposes. In the latter case, people should be allowed access to “any information that is held by another person and that is required for the exercise or protection of any rights”.
This includes access to health records.
The only ground for refusing access is if disclosure “to the relevant person” (ie, the patient or the person requesting access on the patient’s behalf) “might cause serious harm to his or her physical or mental health, or well-being”.
Relatives have no automatic right of access to an adult patient’s records. If the patient lacks the mental capacity to consent to disclosure, a relative may apply for access to the medical records under the Promotion of Access to Information Act.
If the hospital still won't, you could ask to speak to the hospital administrator, or somebody on the board, or threaten them with a PAIA application for access.
http://www.hpcsa.co.za/Uploads/editor/UserFiles/downloads/conduct_ethics/rules/generic_ethical_rules/booklet_3_patients_rights_charter.pdf
https://www.samedical.org/drs-patients-rights.html
http://www.derma.co.za/images/Guide_to_medical_records_in_RZA.pdf
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Your husband, as the patient, is most certainly entitled to a copy of his entire medical chart.
Perhaps the hospital gave you a little bit of a run around because you were asking for it on behalf of your husband?
My advice is that your husband should go to the hospital's admissions office and formally request a copy of his medical chart. There may be a charge that is levied by the hospital for copies, and if so hel'll need to pay that.
As to your question "surely it's a person's human right to know what drugs they have been given", the answer is Yes, the person is. You'll just need to jump through the hospital's hoops to get it.
The Promotion of Access to Information Act 2000 gives everyone the right of access to records held by either public or private bodies for legitimate purposes. In the latter case, people should be allowed access to “any information that is held by another person and that is required for the exercise or protection of any rights”.
This includes access to health records.
The only ground for refusing access is if disclosure “to the relevant person” (ie, the patient or the person requesting access on the patient’s behalf) “might cause serious harm to his or her physical or mental health, or well-being”.
Relatives have no automatic right of access to an adult patient’s records. If the patient lacks the mental capacity to consent to disclosure, a relative may apply for access to the medical records under the Promotion of Access to Information Act.
If the hospital still won't, you could ask to speak to the hospital administrator, or somebody on the board, or threaten them with a PAIA application for access.
http://www.hpcsa.co.za/Uploads/editor/UserFiles/downloads/conduct_ethics/rules/generic_ethical_rules/booklet_3_patients_rights_charter.pdf
https://www.samedical.org/drs-patients-rights.html
http://www.derma.co.za/images/Guide_to_medical_records_in_RZA.pdf
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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