4.4 Can they refuse to let me see my medical file?
The general rule is you can see your file. However, the private clinic or institution can refuse to let you see your file if it has information the doctor feels could seriously harm your physical or mental health.
4.5 What can I do if they will not let me see my medical file?
Private clinic
If the clinic does not answer you, or will not let you see your file, you can ask the Commission d’accès à l’information (Commission on Access to Information) in writing to decide if the clinic was right to refuse to let you see your file. If the Commission decides it was not right, it can force the clinic to let you see your file. You do not have to pay anything.
Institution
If the institution does not answer you within a reasonable time, or will not let you see your file, you can:
- contact the Commission d’accès à l’information
(Commission on Access to Information) in writing. The Commission will
decide if the institution was right to refuse to let you see your file.
If the Commission decides the institution was not right, the Commission
can make the institution show you your file; - ask the court to review the institution’s decision;
- ask the Tribunal administratif du Québec (Administrative Tribunal of Quebec) to review the institution’s decision. You do not have to pay to have the decision reviewed. Information on how to contact the Tribunal is provided in Section 6.3.