Privacy & Access to Information
You shouldn't be shut out of a loved one's care over someone else's fear of breaking the rules.
Family members often need health information about a loved one — especially when they're the primary caregiver or substitute decision-maker. But some health care providers, worried about violating privacy legislation, refuse to share information even when it's legally permissible. We help you understand your rights, and push back where it matters.
Book an Advice MeetingWhy This Happens
Fear of breaking the law can get in the way of good care
Some health care professionals are hesitant to share information because they don't want to violate privacy legislation. Unfortunately, that fear of breaching patient confidentiality sometimes results in a refusal to share information even where it's legally permissible to do so.
This can make the role of the family member incredibly challenging — and depending on the circumstances, it can also be dangerous, particularly where there's a risk that a patient will harm themselves or others.
How We Can Help
The types of matters we assist with
Obtaining access to health information
Understanding your rights to information
Negotiating with health care providers
Correcting medical records
Reviewing consent forms
Preventing access to information by certain individuals
Obtaining hospital records
Making formal complaints about a provider's refusal to share information
Frequently Asked Questions
Questions about privacy & access to information
Can I access a family member's health records?+
It depends on your role and the circumstances — for example, whether you're a substitute decision-maker or primary caregiver, and what the information is being used for. We can help you understand what you're entitled to access in your specific situation.
What if a hospital or provider refuses to share information?+
This happens more often than it should, usually out of an abundance of caution around privacy legislation. We can negotiate directly with the provider on your behalf, and where necessary, help you make a formal complaint about the refusal.
Can a medical record be corrected if it's wrong?+
Yes, there are processes for requesting a correction to inaccurate medical records. We can help you understand the process and advocate on your behalf if a correction request is refused.
Can I prevent a specific person from accessing a loved one's health information?+
In some circumstances, yes. We can help you understand the options available for restricting access by a specific individual, depending on the situation.
Is it dangerous if I can't get information about a loved one?+
It can be, particularly where there's a risk that the person may harm themselves or others. If you're facing an urgent safety concern, get legal advice as soon as possible — timing can matter.
Being kept in the dark about a loved one's care?
Book an Advice MeetingLisa Feldstein Law Office Professional Corporation
Richmond Hill, Ontario L4B 3P4
Canada
Tel: 416-937-8768
