Mother denied medical records access; court rejects Article 6 ECHR claim against hospital's duty of confidentiality.
Legislator summary
AI generatedThe plaintiff, a mother, sued a hospital and its doctors to access her deceased son's medical file, arguing that the duty of confidentiality was overridden by her interest in the truth. The defendants refused access citing professional secrecy, noting no medical error was found in the autopsy. The court dismissed the claim, ruling that Article 6 of the ECHR does not grant individuals a right to access medical records between private parties and that no exceptional circumstances justified overriding the doctors' confidentiality obligation.
Legislator headnote
AI generatedArticles 6 ECHR; Article 843a Rv: The right to a fair trial under Article 6 ECHR does not create a horizontal right of access to medical records between private parties, and the duty of confidentiality prevails absent exceptional circumstances proving a medical error.