CASE LAB OF THE WEEK: Can I claim my medical record from the Clinic?

Absolutely YES! It is a fundamental right of the patient expressly recognized by the Spanish Law. It will be absolutely crucial to obtain your medical information when for example you need to ask for a second medical opinion or, in cases of alleged medical negligence, in order to find out if there might have been malpractice during the performance of a surgical operation, for example,

.-How to apply it?

Writing to the director of the hospital or medical clinic preferably by Burofax or certified letter, is the best option when all previous “friendly attempts” have failed. Remember that the letter should clearly warn that, failing to hand it over to you, you will formally report the Doctor and the Clinic to the Spanish Data Protection Agency, with recourse to the Courts, if necessary.

.-Usual Problems encountered:

Hospitals do not like being requested for that kind of information because they will suspect that the application is made in order to bring a malpractice lawsuit against them. Be very careful, because they might try to give you an incomplete or mutilated medical record, with the perverse intention of avoiding facing potential civil or criminal liability.

Subsequently, should your Doctor or clinic might refuse to give you your medical report or in case you might be unsure whether the medical report is fully complete or not, please do not hesitate to contact our firm and we will be delighted to run through the options with you.

If you need independent, impartial advice on this or any other matter, please contact us by e-mail ricorsolicitors@yahoo.co.uk or visit our website www.ricorabogados.com, to arrange an initial face to face consultation.

Thank you very much and we look forward to helping you!

kind regards

Mr Oscar Ricor

“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor