What can I do? What can the doctor do?: Patient files: These are your rights

Yes. This so-called documentation requirement is enshrined in law in many cantons. But it also exists in private law. This, according to the decision of the Federal Court, arises from the contractual relationship between the doctor and the patient.

Almost anything: reports, test results, lab findings, diagnoses, x-rays, treatment progress reports, doctor handouts or appointment scheduling. The medical history does not contain very personal notes; for example, purely memory aids that are designed solely for the doctor and are not used for therapeutic purposes. These requirements apply to all healthcare personnel, doctors and nursing staff, regardless of whether they are employed under public law or private law.

X-ray images always belong to the patient. For the remaining documents, the following applies: In most cantons, the original documents are the property of the doctor; Therefore, this also applies to public hospitals and nursing homes. There is no clear regulation in the private sector. But here too, most lawyers come to the same conclusion.

• Public hospitals, nursing homes: Cantonal law requires data to be stored for 10 to 20 years. A distinction is often made between “normal” and “special” cases, such as unexpected deaths.
• Private practices, private hospitals: There is no definitive regulation regarding this in private law. The Swiss medical profession FMH recommends that documents be kept for 20 years from the last entry.

This is valid everywhere: Basically, it is the patient himself. Anyone who has the right to control can grant this right to others by giving a power of attorney. For example, your spouse. Or authorities or companies, such as daily sickness benefit insurance. In the case of patients who lack the ability to make decisions, parents have the right to review the issue. Parents’ right to examine children ends at the age of 16 at the latest.

Patients have the right to review their medical history and request copies. That’s what it says in the Federal Constitution.

• Public hospitals, nursing homes: Many cantonal laws restrict this right, for example regarding personal notes of doctors and nursing staff. Also, if it relates to information received from other people who are not part of the company. Copies may only have a cost if it is provided for by law.
• Private practices, private hospitals: Patients have the right to receive a copy of their medical history. And it is free as long as the effort is not disproportionate. However, in this case, the application will need to announce the costs in advance. According to data protection regulations, it cannot exceed 300 francs.

Then it is best to submit the eviction request in writing and set a deadline. In the field of public law, cantonal regulations apply; In the field of private law, the publication period in accordance with the Data Protection Law is 30 days. If you don’t get anywhere with this, you can contact the cantonal doctor, whether public or private. It is best to describe briefly and objectively what happened, include a copy of ID and any other relevant evidence such as email correspondence. The cantonal medical office will then examine the matter.

• Hospitals, nursing homes: Cantonal law generally states that the institution is not allowed to return originals during the retention period. During this period they cannot be deleted because the public interest in the files is more important than the right to data deletion.
• Private practices, private hospitals: You can request deletion in the field of private law. However, the doctor may reject this request if there is a reason, for example because a retention period is stipulated by law. Patients have the right to know why the file has not been deleted.

There are the same problems here as if you wanted your entire medical history erased, see. above. It just doesn’t happen that way. When there is incorrect information in a report, it would be better to request correction. If you cannot succeed, you can write an addition yourself and add it to the files.

Your medical history must be accurate; for example, when asked if you smoke. The doctor must correct incorrect entries. However, medicine is not an exact science in many respects, and the conclusions reached by healthcare professionals are their interpretation of the situation. Patients cannot request correction at these points. However, you can get a second opinion and keep this report on file.

If so, it would be sensible to have your family doctor record this in your medical history. However, since you don’t have to make a living will, this doesn’t necessarily have to be part of your medical history. There are currently no uniform regulations regarding the completion of living wills. It is best to discuss with a healthcare professional what should be in a living will and where you should put it.

This is a digitally managed file for all medical records. The federal government is working to create a uniform patient record maintained electronically. Patients should have access to all medical reports at any time. Authorized healthcare workers will also have the same opportunity. However, currently the project is still in limbo due to technical obstacles.

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