Health care institutions sometimes refuse to let patients see their medical records. This article explains the reasons for refusals when patients ask for information, and when parents want to see the medical records of a child under 18 years old.
Patients who want access
As a general rule, patients 14 years or older are allowed to see their medical records. But access can be refused in some cases:
- when access can cause serious harm to the patient.
- when the medical records have information that can seriously harm another person.
Serious harm to patient
Patients will temporarily not be allowed to see all or part of their medical records if a medical or social services professional believes that reading the information could seriously harm their mental or physical health.
The health care institution must document the reasons for refusing access to the patient and determine when they will be allowed to see the medical records.
This decision needs to be carefully considered. This is because denying access to a patient could also cause significant harm, such as leading the patient to believe they have more serious issues than they actually do. Also, just because someone has a mental health condition doesn’t automatically mean they should not be allowed to access their medical records. For example, courts have already granted access to a patient with paranoid thoughts. While the patient’s interpretation of their medical records may be influenced by their condition, there was no reason to believe that it would put the patient in serious danger, since the patient didn’t have suicidal thoughts.
Information from or about other people
Medical records sometimes contain information about other people. For example, a psychologist may write notes in a teenager’s file about information the mother provided.
Patients only have access to information about themselves and not information that concerns other people.
Also, in these two cases, patients will not be allowed to see information other people provided:
- The information identifies the other person.
- The other person has not given written permission for the patient to learn the person’s name and read the information.
This rule does not apply to information provided by health care professionals (for example, doctors, psychiatrists, interns or residents) or by employees of a health care institution as they carry out their duties. In these situations, patients always have access to the information.
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Important! In an emergency that endangers the life, health or safety of a patient, information another person provides can be given to the patient without the permission of the other person. |
Parents of a Child Under 18
In most cases, parents have the right to consult their children’s medical records. But there are circumstances where access can be refused. The reasons for refusal depend on the child’s age.
Child Under 14
Parents are not allowed to see their child’s medical records in these situations:
- The child was involved in an intervention under the Youth Protection Act,
- and the health care institution has decided it could be harmful to the child if the parents see the medical records. The institution contacts the Director of Youth Protection when making this decision.
Child Who Died Before 14
Parents have access to their child’s medical records if the child died before the age of 14, EXCEPT for any psychological or social information.
Child 14 or Older
Parents are not allowed to access their child’s medical records in these cases:
- The child does not want the parents to consult the records,
- and the health care institution has decided it could be harmful to the child if the parents see the information.
In other words, the institution will ignore the child’s objection if it believes that letting the parents see the medical records will not worsen the child’s state of health.
Child 18 or Older
Lastly, parents no longer have the right to consult their children’s medical records after they turn 18.