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无论是在学术界抑或实务中,就患者对其病历资料所享有的权利,讨论寥寥。然而,患者的这项权利与患者自治权的保护、医患关系的改善及其公共卫生安全事业的发展都紧密相关。患者对病历资料享有的权利可分为两项内容:查阅、复制病历资料的权利和控制病历资料的权利。本文针对这两项分权利,全面分析了它们的学理基础、权利受限情形、行使方式和救济方式。希望藉由本文,患者和医务人员或医疗机构能更加清楚地了解各自就病历资料所享有的权利和所负有的义务。
Whether in academia or practice, there is little discussion about the rights patients have over their medical records. However, this right of patients is closely related to the protection of patient autonomy, the improvement of doctor-patient relationship and the development of public health and safety. Patients’ rights to medical records can be divided into two parts: the right to access and copy medical records and the right to control medical records. In view of these two sub-rights, this article comprehensively analyzes their basic theories, limited rights, modes of exercising and remedies. It is hoped that patients, medical personnel and medical institutions can understand more clearly the rights and obligations they have in respect of medical records.