Patient’s Medical Records in Brazil: Legal and Regulatory Considerations

This work aimed to research medical records' legal and regulatory definitions as found in force not only in the Brazilian normative systems but also at the Federal and Regional Councils of Medicine (Conselho Federal e Conselhos Regionais de Medicina), particularly their completeness to be acce...

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Main Authors: Flávia Speranza Faifer, Mônica Vieira da Motta Piacsek, Márcia Vieira da Motta
Format: Article
Language:English
Published: Instituto Paulista de Estudos Bioéticos e Jurídicos 2022-12-01
Series:Brazilian Journal of Forensic Sciences, Medical Law and Bioethics
Subjects:
Online Access:https://www.bjfs.org/bjfs/bjfs/article/view/921
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author Flávia Speranza Faifer
Mônica Vieira da Motta Piacsek
Márcia Vieira da Motta
author_facet Flávia Speranza Faifer
Mônica Vieira da Motta Piacsek
Márcia Vieira da Motta
author_sort Flávia Speranza Faifer
collection DOAJ
description This work aimed to research medical records' legal and regulatory definitions as found in force not only in the Brazilian normative systems but also at the Federal and Regional Councils of Medicine (Conselho Federal e Conselhos Regionais de Medicina), particularly their completeness to be accepted by the judicious system. This empirical retrospective documentary research recovered norms, legislations, resolutions, and professional opinions about medical records and some of its parameters, such as content, legibility, and accountability using official legal and regulatory digital platforms. No period limitation was set for document recovery; however, only current ones (still in force) were analyzed in full. Documents that dealt with the content of the medical record per se were included; those that dealt with custody, confidentiality, digitization, and access to third parties were excluded. The Brazilian legislation does not provide a clear definition of medical records or their core content. Nonetheless, its collective nature is recognized. The Federal and Regional Councils of Medicine have issued numerous resolutions and opinions on the matter, clarifying its completeness in nature. Medical Records are a collection of health documents of a patient, which should be readily available upon court request as a complete medical dossier, and must contain legible and signed copies, including all the procedures a person underwent while under care.
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spelling doaj.art-563035e87b3e4e70b9cf3bf073d237a52022-12-22T02:59:43ZengInstituto Paulista de Estudos Bioéticos e JurídicosBrazilian Journal of Forensic Sciences, Medical Law and Bioethics2237-261X2022-12-0112110.17063/bjfs12(1)y202223-52Patient’s Medical Records in Brazil: Legal and Regulatory ConsiderationsFlávia Speranza Faifer0Mônica Vieira da Motta Piacsek1Márcia Vieira da Motta2Departamento de Medicina Legal, Bioética, Medicina do Trabalho e Medicina Física e Reabilitação, Universidade de São Paulo, São Paulo, SP, BrasilM Vieira da Motta Advocacia, São Paulo, SP, BrasilDepartamento de Medicina Legal, Bioética, Medicina do Trabalho e Medicina Física e Reabilitação, Universidade de São Paulo, São Paulo, SP, Brasil This work aimed to research medical records' legal and regulatory definitions as found in force not only in the Brazilian normative systems but also at the Federal and Regional Councils of Medicine (Conselho Federal e Conselhos Regionais de Medicina), particularly their completeness to be accepted by the judicious system. This empirical retrospective documentary research recovered norms, legislations, resolutions, and professional opinions about medical records and some of its parameters, such as content, legibility, and accountability using official legal and regulatory digital platforms. No period limitation was set for document recovery; however, only current ones (still in force) were analyzed in full. Documents that dealt with the content of the medical record per se were included; those that dealt with custody, confidentiality, digitization, and access to third parties were excluded. The Brazilian legislation does not provide a clear definition of medical records or their core content. Nonetheless, its collective nature is recognized. The Federal and Regional Councils of Medicine have issued numerous resolutions and opinions on the matter, clarifying its completeness in nature. Medical Records are a collection of health documents of a patient, which should be readily available upon court request as a complete medical dossier, and must contain legible and signed copies, including all the procedures a person underwent while under care. https://www.bjfs.org/bjfs/bjfs/article/view/921Medical Records/LJHealth Services AdministrationPractice GuidelineProfessional Oganizations
spellingShingle Flávia Speranza Faifer
Mônica Vieira da Motta Piacsek
Márcia Vieira da Motta
Patient’s Medical Records in Brazil: Legal and Regulatory Considerations
Brazilian Journal of Forensic Sciences, Medical Law and Bioethics
Medical Records/LJ
Health Services Administration
Practice Guideline
Professional Oganizations
title Patient’s Medical Records in Brazil: Legal and Regulatory Considerations
title_full Patient’s Medical Records in Brazil: Legal and Regulatory Considerations
title_fullStr Patient’s Medical Records in Brazil: Legal and Regulatory Considerations
title_full_unstemmed Patient’s Medical Records in Brazil: Legal and Regulatory Considerations
title_short Patient’s Medical Records in Brazil: Legal and Regulatory Considerations
title_sort patient s medical records in brazil legal and regulatory considerations
topic Medical Records/LJ
Health Services Administration
Practice Guideline
Professional Oganizations
url https://www.bjfs.org/bjfs/bjfs/article/view/921
work_keys_str_mv AT flaviasperanzafaifer patientsmedicalrecordsinbrazillegalandregulatoryconsiderations
AT monicavieiradamottapiacsek patientsmedicalrecordsinbrazillegalandregulatoryconsiderations
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