Re: AN INTRIGUING QUESTION

Mattew Witten asks
>
> The exact scenario is as follows. Patient has a referall for
> portable cardiac monitoring. The patient wants the cassette
> or a copy containing the results of the 24hour monitoring of
> the heart beat. Company refuses on the grounds that they
> own the information. What rights does the patient have in
> this situation?
>
> Matthew
>
> --
> _____________________________________________________________________

One might use a straight contract analysis - what was the intention of parties at the time they entered into the agreement. From the patients perspective I doubt whether there was any understanding thought the company may very well have had this problem and had a practice of not revealing the tests.

The policy of not requiring multiple testing or being able to see changes in tests in order to properly treat illness would suggest that the patient has the right to the records. I believe that in some jurisdictions that is established law. I suppose the company could charge a modest amount for copying the records. Unlike a case that held that an individual had not right to compensation for cells use in lucrative medical research, I do not see a compelling policy reason for denying a person access to his or her own medical records.

For some reason I see this as an easy case which then makes me nervous.

  Don Berman --  

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