Patient access to medical records in Australia in the light of Breen v Williams

Abstract

The question of whether patients have a right to obtain medical records held by their private doctors was recently argued before the New South Wales Court of Appeal in the case of Breen v Williams. The Court held, by majority, that patients have no such right This article will discuss that decision, as well as outlining the general position regarding patient access to medical records in Australia, both through the public hospital system and in respect of private medical practice. The case for extending the right of access to medical records to the private sector will be argued.