Judgment No. 1848

• Organization: European Patent Organisation (EPO)
• Date: 08.07.1999
• Original: English
• Judges: Fernando, Hugessen, Carroll
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 12

Extract:

The complainant questions the right of the insurance company to which she is affiliated to contact her physicians directly to seek information. "The law is clear that [the insurance company] is entitled to any information which identifies the nature of the alleged illness and allows it to determine whether the prescribed treatment is appropriate and necessary [...] Of course the complainant is entitled to require that such information only be made available to [the insurance company's] medical adviser and be treated by the latter in confidence but she is not entitled to withhold from them any right of access whatsoever to the required medical information. Her unwillingness to allow such access goes against her duty to deal in good faith with her insurers."

Reference(s)

ILOAT Judgment(s): 1288

Keywords

confidential evidence; good faith; insurance; illness; medical consultant; medical records; staff member's duties; conduct; elements; refusal; safeguard; health insurance