Getting Your Medical Records

This script explains who owns medical records and the information in them, how to see your own medical records, and who else can see them.

Who do medical records belong to?

Many people think that their medical records are their own property, and that if they want to see them, they just have to ask. That’s only partly true. Your medical records actually belong to the doctor, hospital, or other facility that made them, not to you. That’s also the case with dental records and nursing home records. But the information in the medical records belongs to you, and normally, you have a right to see that information. The records should include any treatment or procedure that went wrong because courts have said that doctors have a legal duty to give patients that type of information.

Medical records that your doctor keeps

To see the medical records your doctor has on you, just ask to see them. Your doctor has a privacy officer—usually the doctor—who will deal with your request. Under the BC Personal Information Protection Act, you have a right to see the information. And the doctor will normally show you the records or give you the information in them. You can also ask for a copy of your records, but the doctor may charge you a fee (set by the BC Medical Association) to copy them because medical insurance does not pay for this.

Accuracy and privacy—the law requires doctors to make sure the information in your medical records is accurate and to keep it private. If you think the doctor made a mistake in your medical records, you can ask him or her to make a new entry in the record about your concern. The doctor has to make a note of your request. But once medical information is recorded, it is not supposed to be destroyed or changed based on a patient’s request.

Rarely, a doctor may refuse to give you the information in your medical record, thinking that it could cause immediate or grave harm to your safety or to your physical or mental health. If that happens, and you can’t solve the problem with your doctor, contact the College of Physicians and Surgeons of BC. The College’s Complaints Department may be able to help you. The College phone number is 604.733.7758 in Vancouver and 1.800.461.3008 elsewhere in BC. Its website is www.cpsbc.ca.

If you still can’t solve the problem, contact the Information and Privacy Commissioner for BC. The Commissioner’s phone number in Victoria is 250.387.5629. The website is www.oipc.bc.ca] and the email address is info@oipc.bc.ca. Outside of Victoria, call Enquiry BC and ask for the Office of the Information and Privacy Commissioner. To reach Enquiry BC, call 604.660.2421 in the lower mainland and 1.800.663.7867 elsewhere in BC.

Lastly, you can see a lawyer for legal advice on what to do.

Medical records that a hospital keeps

To see your hospital records, contact the medical or health records department of the hospital and ask for their information and privacy office or the person in charge of giving out information. If you make a written request, the hospital has 30 days to respond. Usually, you can see your hospital records and get a copy. The Freedom of Information and Protection of Privacy Act covers hospital records. Check script 235, called “Freedom of Information and Protection of Privacy”, for more on this law.

Accuracy and privacy—the law requires hospitals to make sure the information in your medical records is accurate and to keep it private. The law also gives you the right to ask the hospital to correct any errors or omissions in your records. The hospital has to make a note of your request. But once medical information is recorded, it is not supposed to be destroyed or changed based on a patient’s request.

If a hospital refuses to let you see your records, it must tell you why. If you disagree with the hospital’s decision, you can ask the Information and Privacy Commissioner for BC to review it.

Lastly, you can see a lawyer for legal advice on what to do.

Are your medical records confidential?

Yes, in most cases your medical records are confidential. Doctors and hospitals must not give them to anyone else, except in certain cases:

1. Other people who give you medical care, such as specialists, will need your medical records.
2. If you’re in a lawsuit about your medical history, your lawyer will need your medical records. Usually, doctors and hospitals will copy your medical records to your lawyer if you ask them to.
3. A court can order your medical records be shown to other people and lawyers in a lawsuit.
4. If you apply for life or health insurance, the insurance company will often need your medical records before giving you insurance.
5. Some types of jobs may require medical information. However, potential employers can get your records only if you agree to let them see the records.

Section 18 of the Personal Information Protection Act, which applies to doctors, lists other reasons for giving out personal information—some of them could apply to medical records. Section 33 of the Freedom of Information and Protection of Privacy Act, which applies to hospitals, lists other reasons for giving out personal information—some of them could apply to medical records. Both laws are on the following website: www.bclaws.ca.

Doctors also have to release medical information to authorities in certain cases. For example, they must:

• report children at risk to the Ministry of Children and Family Development.
• tell the motor vehicle branch when a person's ability to drive may be reduced.
• tell police if someone’s life or safety may be at risk.

And if police have a search warrant, a doctor may have to release information to obey the warrant.

[updated April 2014]

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The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

Something which can be owned. See "chattels" and "real property."

A legal obligation to do or not do a thing, whether by legislation, the common law, or an order of the court. For example, the Criminal Code imposes a legal duty on parents to provide the necessities of life to their children until they turn 16, while the Family Law Act imposes a duty on parents to make decisions in the best interests of their children. See "duty."

(1) In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. (2) In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract that may justify setting aside all or part of the contract. See "bad faith" and "contract."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."