I am the victim of a medical malpractice case and the hospital does not want to hand the records over. What do I do now?
The concerned party in a medical malpractice case is entitled to be sent copies of the treatment records. Is it true?
Let´s read a bit about it.
Dresden Higher Regional Court, Order of 28.06.2021
– 4 W 386/21
The possibility to inspect the record acts at the court’s office is not sufficient. This was decided by the Dresden Higher Regional Court.The case was based on the following facts: In a medical malpractice case before the Zwickau Regional Court, the plaintiff requested the transmission of copies of the treatment records in spring 2021. However, the Regional Court refused to hand over the files, which was the subject of the plaintiff’s immediate appeal.
The Dresden Higher Regional Court ruled in favour of the plaintiff. The plaintiff was entitled to be sent copies of the treatment documents against reimbursement of costs.
In the opinion of the Higher Regional Court, the risk of loss or confusion in the case of photocopying by the registry did not justify not sending copies to the party.