Inzage in het medisch dossier na overlijden van de patient: Uitgangspunten en actuele ontwikkelingen in de rechtspraak

After a patient's death, the obligation of medical secrecy remains in force; the physician is still bound to confidentiality and when necessary should invoke his right to remain silent. However, it is generally accepted that circumstances can occur in which a doctor may disclose confidential information to third parties like the relatives. Inspection of the medical file after the patient's death is subject to the following principles. Disclosure of medical data after a patient's death is - apart from the general exceptions on medical secrecy - justified when the wish of the deceased can be reconstructed, or (if this is impossible) if there are such important interests of third parties involved that the obligation to maintain confidentiality may be put aside. The relatives have no personal right of access to medical data of the deceased, and they cannot authorize disclosure of data to other parties (e.g. the attorney of the hospital). With regard to the ex-mentor it seems as if the traditional opinion on medical secrecy after a patient's death has been abandoned. In principle, the physician should inform this person, unless it can be proven that disclosure is in conflict with the wish of the deceased.