The patient has the right to photograph all medical documentation (examination results, recording of an appointment with a specialist) that concerns his health, the executive secretary of the commission on legal aspects of medical activities of the Interdisciplinary Association of Reproductive Medicine Specialists (MARS) said on November 16. Alexander Ivanov at the V All-Russian Scientific and Practical Conference of Obstetricians and Gynecologists “Ottovo Readings”. In addition, the lawyer explained, a patient by law can video or audio record his appointment with a doctor.
As Ivanov explained, the Law “On Health Protection” directly establishes the patient’s right to receive a “second opinion,” in particular, “to information about his health, examination results, diagnosis and prognosis of the development of the disease, methods of providing medical care, and associated risks.” . In addition, Article 22 of Law No. 323-FZ establishes the patient’s direct right “to familiarize himself with medical documentation and receive advice from other specialists on its basis.” The federal law also stipulates the “right to receive copies of medical documents.”
According to Order of the Ministry of Health of Russia No. 1050n, in the process of familiarizing with medical documentation, the patient “has the right to write out any information and in any volume, make copies, including using technical means.”
The lawyer clarified that if we are talking about the results of an examination with a medical image (ultrasound, CT, MRI, X-ray), then the patient can not only photograph the image from the doctor’s computer, but also demand copies of the images on digital media (Order of the Russian Ministry of Health No. 789n).
According to Ivanov, the only justification for refusing to photograph documents may be the timing of the appointment, if the patient decided to copy the results of many examinations on it.
The lawyer also indicated that in order to obtain a second opinion, the patient has the right to record his appointment with the doctor. According to the expert, the doctor does not have the right to refuse the patient to take photographs. He cited as an example the ruling of the Supreme Court in 2016, when the plenum recognized as legal the secret dictaphone recording of one of the parties to a private conversation, since the discussion in the conversation was not about personal matters, but lay in the plane of the business interests of the parties. “Is it worth fighting against this, especially when it comes to recording on a dictaphone, which is almost impossible to control? No. You just need to take into account that a recording of the appointment can always be kept, and your chances of challenging its legality tend to zero. So just watch what you say,” Ivanov explained.
The lawyer noted that the doctor can warn the patient that he can film, but not publish his images and video frames. Otherwise, the citizen faces a fine of up to 6 thousand rubles. for the processing of personal data without the written consent of the subject of this data (Article 13.11 of the Code of Administrative Offenses of the Russian Federation).