The court allowed the lawyer to obtain data that is a medical secret.

The court allowed the lawyer to obtain data that is a medical secret.

The court allowed the lawyer to obtain data that is a medical secret.
In Ulan-Ude, a dispute broke out about the right of a lawyer to receive information that constitutes a medical secret. The question concerned the medical records of the deceased spouse. The woman hired a lawyer, who, as part of his activities, applied to a local hospital with a request for information about the health of the deceased, but was refused. The appeal against the actions of the administration of the medical institution led to curious conclusions.

The demands of the human rights defender consisted in the need to provide him with data on the state of health and concomitant diseases of the deceased for a possible challenge to the will drawn up.

However, the acting chief physician refused to provide information, referring to the fact that the deceased did not consent to the disclosure of such information.

Including close relatives, on whose behalf (the spouse) the lawyer acted.

The refusal was challenged first in the prosecutor's office, which drew up a protocol on the official. During the subsequent consideration of the case in the magistrate's court, the acting chief physician was issued a fine of 5,000 rubles. Challenging the court decision did not lead to a positive result: the district court confirmed that the objections of the medical institution were based on a misinterpretation of legal norms, and the widow had the right both to receive information herself and to entrust this issue to a lawyer, transfers the Pravo.ru


06.06.2022