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| The patient's family, between the right to know and the medical secret | | Dan Tudor Vuza | The reasonable man adapts himself to the world; the unreasonable one persists to adapt the world to himself. Therefore all progress depends on the unreasonable man.
(GEORGE BERNARD SHAW)
Abstract
This paper should be considered as the author's manifest against the overlook of a human right, the right of the family of the deceased patient to access the medical records of the latter.
The author's fight with the Romanian medical system started in 2003.
After the tragic event of his parent's passing away, in mysterious and unclarified circumstances, he repeatedly claimed his access to the medical records, with no positive response up to present day. The author inquired about how this problem is considered elsewhere. He found there are countries where this right is guaranteed by law. The examples of Hungary, France, Arizona and Washington states are commented here. In Switzerland, the family is given only an indirect access; nevertheless, members of the civilian society fight against that situation.
The author found that in Romania, the law of patient's rights does not grant the right in question. The civilian society does not take any position. And the medical system does not show interest for dialog with the latter, or does not even conceive that such dialog could exist.
The author brings arguments in favor of his opinion that being denied the right in question is an abuse of the Romanian medical system, against not only a human right, but also against the sacred right and duty of Man of trying to understand the Universe. Man can free himself of fear only by gaining such understanding. By opposing to it, the medical system keeps the man on his knees under terror and fear. Being himself a scientist, the author considers that being denied the right to scientific understanding of what happened with his parent represents a diminution of the researcher's statute, a negation of the interdisciplinary spirit and a self-placement of the medical system beyond the responsibility due to civilian society.
Key words: human rights, patient's rights, access right to medical record, medical secret.
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