Re: Personal Medical records - Canadian laws

support@RecordsForLiving.com — Fri, 01 Feb 2008 11:00:18 GMT

Dear Geraldine,

First, let us congratulate and encourage you in your efforts to collect your personal medical records!

You should know that Records For Living provides NO legal advice and you should consider the information in this reply purely a 'lay' opinion on the laws of Canada. There is however, some evidence that is available on the internet that indicates a Canadian patient's "Common Law rights". You might find these links helpful:

In September of 2004, the University of Alberta published a report with/for the "Commission on the Future of Health Care in Canada", entitled How Do Current Common Law Principles Impede or Facilitate Change?

In this report, the author(s) state:

In McInerney v. MacDonald, a case dealing with a patient's right of access to her health care record, the court held that the physician/patient relationship is fiduciary in nature and that "(c)ertain duties do arise from the special relationship of trust and confidence between doctor and patient" (McInerney v. MacDonald 1992, 423).

Paul Harte is a lawyer whose firm hosts a webpage discussing Canadian law regarding patient access to medical records and charges for obtaining these records:

In the absence of legislation, patients are entitled, upon request, to examine and copy all information in their medical records which the treating physician considered in administering advice or treatment, including records prepared by other doctors that the physician may have received.

[...]

There are no specific regulations dealing with the charges that a doctor or physician may levy for copying the record. The College of Physicians and Surgeons of Ontario permits a "reasonable fee" for copying records. However, a physician or hospital should not charge the patient a fee which exceeds the cost of the materials used, the time required to prepare the material, and the direct cost of providing the material to the patient.

Records For Living does not collect or access a patient's medical records - for more details, please refer to our privacy policy. Records For Living publishes the HealthFrame family of products and services. Using HealthFrame, patients can store and access the medical records they collect from their physicians, specialists and hospitals.

Please let us know if we can be of additional help and good luck with your efforts,
Support Team

Personal Medical records - Canadian laws

Geraldine — Fri, 01 Feb 2008 10:39:09 GMT

I am in the procedure of collecting my personal medical records.

Some hospitals are cooperating and supply my records without charge

some others want to charge e.g. for copies of x-rays.

Can you tell me what the law is in Canada about collecting your private

medical records and also how your company would collect MY personal

medical records.

Geraldine.

HealthFrame Discussion

Re: Personal Medical records - Canadian laws

Personal Medical records - Canadian laws