About nine in 10 Canadians support legislation that would protect patient confidentiality. However, the Canadian public is not consistent in its views regarding privacy. Data suggest that the public's attitudes to privacy, and particularly access to medical records, are heavily influenced by the context in which the situation is presented and potential benefits to the individual or to the public.
This article looks at the development in the increasing use of medical records in the Danish Courts as well as outside the courts in cases of personal injury. The Danish Supreme Court puts the presence of all material above the protection of the confidential relationship between doctor and patient. It is not yet clear to what extent the use of medical records will be accepted. This development raises questions regarding legal security for patients and sets higher requirements for medical and legal personnel. Medical records give important testimony in cases regarding personal injury. It is therefore important for medical personnel to be aware of the content of the medical record, as it might be used and interpreted in the courtroom in a different manner than intended.
