The new Handreiking Inzage in medische dossiers door nabestaanden discusses all rules surrounding the right of next of kin to inspect and copy data from medical dossiers of deceased relatives. The guide is a collaboration between the KNMG and the Dutch Patients Federation. There is a publication for care providers and a publication for patients and next of kin, with accompanying handy flowcharts.
On Jan. 1, 2020, the Medical Treatment Agreement Act (WGBO) was amended. An important change is the regulation on the right to inspect medical records after a patient's death. With this guide, the KNMG and the Patient Federation, at the request of the Ministry of Health, Welfare and Sport, make clear in what situations care providers may provide information from the medical records of a deceased patient to next of kin and others. The guide was presented today (January 19, 2021) to the House of Representatives by the Minister of Health, Welfare and Sport.
All information in a patient's medical record is covered by a health care provider's professional confidentiality. This main rule applies even after a patient's death. However, the law contains a number of exceptions to that main rule. Those exceptions are discussed in the handouts. They are:
the consent given or refused by a patient in life
right of inspection after an incident
right of inspection because of a compelling interest
right of inspection for parents of children who were under 16 when they died
Healthcare providers to whom the WGBO applies include doctors, dentists, independent pharmacists, midwives, nurses, psychotherapists, gz-psychologists, physiotherapists and other paramedics, as well as healthcare institutions, such as hospitals (general and psychiatric), nursing homes and home care organizations.
Download the Guide for caregivers
Source: KNMG
