[Direct answer]In the Beijing area, it is generally considered illegal for hospitals to refuse to allow patients to copy or reproduce their medical records. According to Article 122 of the Civil Code of the People's Republic of China (effective January 1, 2021), medical institutions and their medical staff shall fill in and properly keep inpatient notes, medical orders, examination reports, surgical and anesthesia records, pathological materials, nursing records, and other medical records in accordance with regulations. If patients request to review or copy their medical records, medical institutions shall provide them in a timely manner. At the same time, the "Regulations on the Prevention and Handling of Medical Disputes" (effective October 1, 2018) also stipulate the scope and procedures for reviewing and copying medical records. Therefore, hospitals refusing to allow patients or their agents to copy medical records without legitimate reasons constitute a violation of legal obligations. Patients can file complaints with the hospital management department or report the matter to the health administrative department and request the hospital to provide the records. If the refusal to provide medical records results in the inability to clarify the treatment situation, the medical institution may also bear corresponding adverse consequences. When copying medical records, it is usually necessary to provide identity proof and proof of relationship. If the patient has died or is a minor, the copying shall be handled by their close relatives or legal representatives.

1. Problem background and typical scenarios

Copying medical records is the basis for patients to understand the diagnosis and treatment process and prepare for appraisals and litigations, but there are often obstacles in practice. There are four typical scenarios: First, hospitals refuse to provide copies on the grounds of "internal regulations", only agreeing to make extracts or provide verbal information; Second, they delay the process and repeatedly require additional materials; Third, they only copy part of the medical records, omitting the course of treatment records and surgical records; Fourth, after the patient's death, the family members are faced with obstacles in obtaining copying rights and materials. Medical institutions in Beijing have relatively standardized medical record management, and patients who exercise their rights according to law usually receive support. However, attention should still be paid to the procedures and material requirements. When encountering unreasonable refusals, they should promptly file complaints or seek legal help.

II. Key points of contention

First, the scope of the patient's right to access and copy medical records and the subject qualifications. Second, the legitimate reasons and boundaries for hospitals to refuse such requests. Third, whether the scope of the copied medical records includes subjective medical records and objective medical records. Fourth, the supporting documents required for agents and close relatives to handle the matter. Fifth, the legal consequences and liability presumptions of hospitals refusing to provide medical records. Sixth, whether the charging standards for copying fees are reasonable.

III. Professional analysis by Henglue Law Firm

When handling medical disputes, Henglue Lawyers usually regard copying medical records as the basic step of evidence collection. Regarding the treatment that has already taken place, patients have the right to access and copy medical records according to law, and medical institutions should provide them in a timely manner, unless there are legal restrictions or justified reasons. In practice, there are two common problems: first, disputes over the scope of information. Hospitals may only provide part of the materials, but medical records, surgical and anesthesia records, nursing records, etc. are also important evidence for judging the treatment process, and patients have the right to request all of them; second, disputes over the procedure. Hospitals may repeatedly delay the provision of materials on the grounds of incomplete materials, and patients can fix the facts of their refusal or delay through written applications, keeping receipts, complaints, and reports. It should be particularly noted that if medical institutions conceal, forge, tamper with, or destroy medical records, resulting in the inability to clarify the causal relationship between the treatment and the harm, they may be presumed to be at fault and bear corresponding responsibilities according to law. This actually provides protection for patients who are refused to provide medical records. Therefore, when encountering situations of refusal to copy medical records, patients do not need to worry. They should first submit a written application and keep the evidence, and then claim their rights through complaints, reports, or litigation. If necessary, they can request the court to retrieve the medical records to ensure that the appraisal and trial have a basis to rely on.

IV. Practical suggestions and legal basis

Action suggestions: First, submit a written copy request, specifying the scope and time period of the medical records needed; Second, provide proof of identity and proof of relationship. If appointing an agent, they must also provide a power of attorney; Third, keep the application receipt and communication records to document the hospital's refusal or delay; Fourth, if the hospital refuses, file a complaint with the hospital's management department or report the matter to the health administrative department; Fifth, apply to the court to retrieve the medical records during litigation and claim adverse consequences for the refusal to provide them; Sixth, verify the completeness and authenticity of the copies and pay attention to affixing a certification stamp. For medical disputes and evidence collection, you can refer to the relevant guidelines.Personal injury | Medical disputesThe services involved in litigation evidence and procedures can be referred to for reference.Business and Commerce | Contract DisputesPlate. Legal basis: Article 122 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the right to access and copy medical records, as well as the relevant provisions on medical record management and access/copying in the Regulations on the Prevention and Handling of Medical Disputes (effective from October 1, 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, patients have the right to access and copy their medical records, and hospitals should provide them in a timely manner. Secondly, requests must be in writing, and the hospital should retain the receipt and communication records. Thirdly, the copies must be checked for completeness and stamped with a certification seal. Fourthly, if the request is denied, patients should first file a complaint or report the matter, and then consider litigation to obtain the records. Fifthly, concealing or tampering with medical records may lead to a presumption of negligence. In cases involving disputes over copying medical records and medical disputes, the parties concerned may seek resolution through legal channels.Personal injury | Medical disputesWe provide a comprehensive solution for the service, which includes the subsequent implementation of compensation measures that can be integrated into the overall plan.Creditor-debtor relations | Enforcement casesFor reference, you can check the section related to the review of evidence documentsBusiness and Commerce | Contract Disputes板块。

VI. Frequently Asked Questions

Q1: Can patients make copies of all their medical records?

Generally, patients can apply to review and copy their medical records. According to the Civil Code of the People's Republic of China (which came into effect on January 1, 2021) and relevant regulations, patients have the right to review and copy their medical records, and hospitals should provide them in a timely manner. In practice, progress notes, surgical and anesthesia records, nursing records, and test reports are all important documents. Patients can apply to copy all of these documents at once, and the specific form and scope of the copies can be handled in accordance with the regulations.

Q2: Can hospitals refuse to provide copies of medical records?

It can only be restricted under specific circumstances. In principle, hospitals are not allowed to refuse to provide services without a valid reason, but when the applicant does not have the qualifications as a subject, fails to provide the necessary materials, or involves content that should be kept confidential according to the law, the hospital may require the applicant to make corrections or handle the matter in accordance with the law. If the hospital refuses to provide services solely on the grounds of internal regulations, it usually lacks a legal basis, and patients can file complaints or report the matter.

Q3: Can family members copy the documents on behalf of the applicant?

Generally, it is possible, but relevant proof must be provided. If the patient handles the matter in person, they should provide proof of identity; if someone else handles it on their behalf, they must also provide a power of attorney and the agent's proof of identity; if the patient has died or is a minor or a person without civil capacity, it shall be handled by their close relatives or legal representatives, who must also provide proof of their relationship. For specific requirements regarding the materials, please consult the hospital's medical records management department.

Q4: What are the consequences of refusing to provide a copy of the medical records?

They may face adverse consequences. If medical institutions conceal, forge, tamper with, or destroy medical records, making it difficult to determine the causal relationship between the diagnosis and treatment and the harm, they may be presumed to be at fault and liable for damages according to law. In addition, refusing to provide medical records may also lead to administrative penalties. Therefore, patients do not need to give up just because they have been refused. They can still push for the retrieval of medical records through complaints and litigation.

Q5: Is there a charge for copying medical records?

The necessary cost of materials can be charged. When medical institutions provide copying or reproduction services, they can usually charge fees according to the actual cost of materials, but they should make the standards public and issue receipts. They cannot set obstacles or refuse to provide services in disguise under the pretext of charging fees. If you have any questions about the fees, you can ask to see the basis for the charges, and if necessary, you can report the matter to the administrative department of health and health care.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, in order to avoid missing the statutory time limits. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.