Right of access to medical records by next of kin

Handling access requests after death requires careful judgement

Medical confidentiality does not end when a patient dies. At the same time, healthcare providers are increasingly faced with requests for access from next of kin. You need to balance privacy with transparency – and know exactly where the boundaries lie.

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Between confidentiality and legal exceptions

The starting point is clear: medical records remain confidential after death. However, the law provides for specific exceptions.

Next of kin may be entitled to access if the patient gave consent during their lifetime, or if an incident has occurred within the meaning of the Wkkgz (Wet kwaliteit, klachten en geschillen zorg). A compelling interest – for example a suspected medical error – may also justify access.

In practice, this is rarely straightforward. What qualifies as a compelling interest? How far does the right of access extend? And how do you weigh conflicting interests? If there is disagreement, an independent doctor may be asked to assess whether access has been rightly refused. Each request requires careful, case-by-case assessment.

We bring clarity to a sensitive and complex issue

VBK supports healthcare providers in assessing and handling access requests. We bring structure to the decision-making process and help you act with legal care, without losing sight of what is practical.

If a matter escalates, we guide you throughout the entire process – from initial advice to legal proceedings. We think ahead, identify risks and help you take decisions that stand up in practice.

Would you like a clear overview of the exceptions to medical confidentiality? Download our infographic.