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Old 16.05.2019, 10:07
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Releasing medical notes

Is this normal? Want to change doctor but they will only release my file if I sign:
Da den Arzt in Zukunft die vollständigen Unterlagen nicht mehr zu Verfügung stehen, verzichte ich auf sämtliche Ansprüche aus dem Behandlungsverhältnis, insbesondere auch auf Schadensersatz- und Genugtuungsansprüche wegen allfälliger Behandlungsfehler.
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  #2  
Old 16.05.2019, 10:39
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Re: Releasing medical notes

Wow Wouldn't sign that sh!t. Even if it were limited to treatments in the future it would be way beyond what is reasonable.
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Old 16.05.2019, 11:11
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Re: Releasing medical notes

That makes no sense. At all.

Based on the data protection act you have the right to request all data about you the doc keeps. It isn't clear if you have the right to the originals in all cases when you leave, but IMO any and all 3rd party products have been paid for by you and are indeed yours so that part should be unambiguous.

Perhaps contact the administration and ask for guidance and support, certainly you're neither the first nor the last with this kind of issue:

Gesundheitsdirektion Kanton Zürich
Administration Medizin
Stampfenbachstrasse 30
8090 Zürich

Phone 043 259 24 09

kantonsarzt.sekretariat@gd.zh.ch
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Old 16.05.2019, 12:26
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Re: Releasing medical notes

I caused a bit of a ruckus when I refused to sign it! I did ask them to clarify what it meant, but neither of the people at the desk could explain what it actually meant (one because she's French-speaking).

I'm switching doctors because a specialist (referred after a second opinion) said that it was an error of judgement on the part of my GP for not investigating something further. So, my issue is if they find something after tests, can the health insurance kick up a fuss and say that it should have been investigated earlier? Which would mean if I sign the forms that the health insurance could refuse to pay and that I then would be liable for all costs? What caught my attention is that the specialist used the word "behandlungsfehler", else I would have taken the notes and signed.
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Old 16.05.2019, 13:57
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Re: Releasing medical notes

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I'm switching doctors because a specialist (referred after a second opinion) said that it was an error of judgement on the part of my GP for not investigating something further. So, my issue is if they find something after tests, can the health insurance kick up a fuss and say that it should have been investigated earlier?
I'm a bit confused... did your original doctor not refer to you a specialist and just do noting? If the situation is still on going and you just switched doctor I don't see how the insurance can say anything....
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Old 16.05.2019, 14:13
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Re: Releasing medical notes

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I'm a bit confused... did your original doctor not refer to you a specialist and just do noting? If the situation is still on going and you just switched doctor I don't see how the insurance can say anything....
No, no referral and ascribed it to a side effect of a procedure. I went to see another GP for something else as mine was away and asked what she thought as I'd always thought to get a second opinion. GP2 then sent me to the specialist who said that GP1 was remiss in not referring me for further investigations as the side effect is so rare that there is a much higher chance of it being caused by something else.

Edit to add: So would you sign the form then?

Last edited by dragoneiric; 16.05.2019 at 14:33.
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Old 16.05.2019, 14:38
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Re: Releasing medical notes

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Edit to add: So would you sign the form then?
No, for me a clear indication something stinks..... Never had to sign anything like that when transfering to another doctor
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Old 16.05.2019, 17:11
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Re: Releasing medical notes

The more I think about this the more outraged I get.

I've sent an enquiry to the Gesundheitsdirektion asking what OP's rights are, what can be done, and what the supervising body will do to stop this egregious abuse of power.
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Old 16.05.2019, 17:43
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Re: Releasing medical notes

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Edit to add: So would you sign the form then?
Nope
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Old 16.05.2019, 20:35
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Re: Releasing medical notes

Deepl translate of the text for those that don't read German:

Quote:
Since the physician will no longer have the complete documents available to him in the future, I waive all claims arising from the treatment relationship, in particular also claims for damages and satisfaction due to possible treatment errors.
Wow.
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Old 16.05.2019, 21:17
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Re: Releasing medical notes

Have a look at this: https://www.beobachter.ch/dienstleis...aben-patienten

Quote:
Herausgabe
Patienten haben Anspruch auf die Herausgabe der Krankengeschichte als Kopie (Art. 8 Abs. 5 DSG). Diese muss vollständig und gut leserlich sein. Ob auch ein Anspruch auf die Herausgabe im Original besteht, ist umstritten. Klarheit besteht hier nur bei Röntgenbildern: Diese sind dem Patienten im Original auszuhändigen.
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Old Today, 07:06
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Re: Releasing medical notes

Thanks. GP2 has said she doesn't need the notes immediately so we will wait and see what happens. If I get the all clear, I can go ahead and get them.
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