Medical records (419,-666)

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Keywords: Medical records
Total judgments found: 14

• Judgment 4556

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant asks to be provided with a copy of his old medical file.

  Consideration 12

  Extract:

  The Tribunal’s case law states in respect of damages that the complainant bears the burden of proof and she or he must provide evidence, in particular, of the causal link between the unlawful act and the alleged injury (for example, Judgment 4156, consideration 5). On this point, in his submissions the complainant alleges affronts to his dignity, integrity and honour, damage to his health, and a lost opportunity to receive better therapy and rehabilitation and improve his relationship with his supervisors owing to the fact that it was physically impossible for the Organisation to provide him with a medical file that it did not possess. However, this injury has not been established, nor has the necessary causal link between the alleged unlawful act and the damages claimed. In these circumstances, it was open to the IAC, in its opinion that was endorsed by the President in his final decision, to take into account only the one element of moral injury it had identified. In the Tribunal’s opinion, the compensation of 5,000 euros that the IAC recommended and that the Organisation recognised was due to the complainant constitutes fair redress for that moral injury. The complainant’s request for an increase in that amount is unfounded.

  Reference(s)

  ILOAT Judgment(s): 4156
  

  Keywords:

  medical records; moral injury;
  

  Judgment keywords

  Keywords:

  complaint dismissed; medical records;
  

  Consideration 10

  Extract:

  [I]n its opinion the IAC noted that, while there were no explicit legal provisions that could justify the complainant’s request for the Organisation to provide or procure such a file in the circumstances of the case, the Tribunal’s case law recognises that a staff member has the right to consult and be sent medical reports concerning her or him. The IAC rightly concluded that the Office had failed to ensure that files were properly retained, even after the external doctors with whom it had previously worked had ceased their activity. This obligation stems from the general duty of care and the Office’s duty adequately to safeguard the personal data of its staff.

  Keywords:

  duty of care; medical records; personal data;
  

  
  
  

• Judgment 4463

  
  133rd Session, 2022
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant objects to the disclosure of his medical situation.

  Judgment keywords

  Keywords:

  complaint allowed; medical records; medical secret;
  

  
  
  

• Judgment 4260

  
  129th Session, 2020
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the EPO’s failure to allow her access to her complete medical file and to provide her with a copy thereof in a timely manner.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; medical records; personal file;
  

  Consideration 2

  Extract:

  Regarding a staff member’s request for the disclosure of her or his medical file, the Tribunal recalls that under its case law, stated for example in Judgment 4118, consideration 5, the principle of transparency as well as the individual’s right to access personal data concerning her or him mean that a staff member must be allowed full and unfettered access to her or his medical file and be provided with copies of the full file when requested (paying the associated costs as necessary). The only situation in which this rule does not apply is where specific circumstances temporarily prevent such access. However, a decision to deny a staff member full access to her or his medical file temporarily must be fully justified and reasonable (see, for example, Judgment 3994, consideration 10). The Tribunal also relevantly stated, in Judgment 3120, consideration 6, that in the absence of specific rules or regulations governing the right of a staff member to access her or his own medical file, that right must be considered to comprehend the right to view and obtain copies of all records and notes in the file, and to add relevant notes to correct any part of the file considered wrong or incomplete, and that, so stated, the right to access one’s own medical file gives effect to the organisation’s duty of transparency.

  Reference(s)

  ILOAT Judgment(s): 3120, 3994, 4118
  

  Keywords:

  disclosure of evidence; medical records; personal file;
  

  
  
  

• Judgment 4127

  
  127th Session, 2019
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant filed an application for review of Judgment 3994.

  Consideration 8

  Extract:

  The complainant also bases her application for review on the discovery of new facts on which she argues that she was unable to rely in the original proceedings. The complainant’s argument in that regard is related to documents contained in or allegedly missing from her CERN medical file that she consulted after Judgment 3994 was delivered in public.
  As recalled in consideration 2, [...] the Tribunal, in Judgment 3994, awarded the complainant moral damages in the amount of 5,000 Swiss francs for the injury caused by the fact that she had only been given partial access to her medical file. Raising arguments based on the content of her medical file that she consulted following the public delivery of Judgment 3994 cannot afford the complainant grounds for review of that judgment.

  Reference(s)

  ILOAT Judgment(s): 3994
  

  Keywords:

  application for review; medical records; new fact on which the party was unable to rely in the original proceedings;
  

  
  
  

• Judgment 4118

  
  127th Session, 2019
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the findings of the Medical Committee according to which his invalidity is not of occupational origin.

  Consideration 5

  Extract:

  Regarding the request for disclosure of the files of the Medical Committee, the Tribunal recalls that, under its case law, the right to transparency as well as the general principle of an individual’s right to access personal data concerning her or him mean that a staff member must be allowed full and unfettered access to her or his medical file and be provided with copies of the full file when requested (paying the associated costs as necessary) (see Judgments 3120, consideration 7, or 3994, consideration 10). According to the same case law, the only situation in which this rule does not apply is where specific circumstances temporarily prevent such access [...].

  Reference(s)

  ILOAT Judgment(s): 3120, 3994
  

  Keywords:

  disclosure of evidence; medical records;
  

  
  
  

• Judgment 3994

  
  126th Session, 2018
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges CERN’s refusal to recognise the illness from which she says she suffers as occupational.

  Consideration 10

  Extract:

  Concerning access to the medical file, the Tribunal recalls that, “while there may be some cases in which it is not advisable to allow staff members to have full access to their medical file at a particular point in time (and the decision to deny access temporarily must be fully justified and reasonable), the right to transparency as well as the general principle of an individual’s right to access personal data concerning him or her mean that a staff member must be allowed full and unfettered access to his or her medical file and be provided with copies of the full file when requested (paying the associated costs as necessary)” (see Judgment 3120, under 7).
  In the present case, CERN does not say why it allowed the complainant only partial access to her medical file. Accordingly, the Organization breached its duty of transparency.

  Keywords:

  medical records;
  

  
  
  

• Judgment 3120

  
  113th Session, 2012
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; duty to inform; medical records; organisation's duties;
  

  Considerations 6-7

  Extract:

  "The Tribunal is of the opinion that in principle, in the absence of specific rules or regulations governing the right of a staff member to access his or her own medical file, that right must be considered to comprehend the right to view and obtain copies of all records and notes in the file, and to add relevant notes to correct any part of the file considered wrong or incomplete. So stated, that right gives effect to the Organisation’s duty of transparency. [...] [I]t is clear from [Judgments 1684, 2045 and 2047] that, while there may be some cases in which it is not advisable to allow staff members to have full access to their medical file at a particular point in time (and the decision to deny access temporarily must be fully justified and reasonable), the right to transparency as well as the general principle of an individual’s right to access personal data concerning him or her mean that a staff member must be allowed full and unfettered access to his or her medical file and be provided with copies of the full file when requested (paying the associated costs as necessary). [...] It must be pointed out that the staff member’s right to add a note to his or her medical file with a view to correcting any aspect considered wrong or incomplete is consistent with the Organisation’s duty of transparency and with the right of that staff member to ensure the accuracy of his or her personal information."

  Reference(s)

  ILOAT Judgment(s): 1684, 2045, 2047
  

  Keywords:

  date; duty to inform; duty to substantiate decision; exception; formal requirements; general principle; medical records; no provision; official; organisation's duties; refusal; right;
  

  
  
  

• Judgment 2271

  
  96th Session, 2004
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The confidential nature of medical information concerning the state of health of staff members constitutes a key element of their right to privacy. It is no doubt both necessary and legitimate for an international organisation, like any employer, to investigate requests for sick leave, to examine medical certificates and to have the health of its staff members checked by appropriate means. Such information should be gathered and processed on a fully confidential basis, however, and should never be communicated to third parties without the explicit consent of the person concerned. [...] The fact that the members of the Appeals Committee are bound by an obligation of confidentiality does not mean that information covered by medical secrecy can be disclosed to them without the consent of the persons concerned."

  Keywords:

  communication to third party; confidential evidence; internal appeals body; lack of consent; medical certificate; medical records; organisation's duties; right to privacy; sick leave;
  

  
  
  

• Judgment 2047

  
  91st Session, 2001
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "With regard to the complainant's claim to be provided with copies of any medical reports relied upon by [the insurance brokers] Van Breda, it is trite law that a staff member's right to see medical reports may not ordinarily be challenged. As such, the complainant should be provided with copies of medical reports contained in Van Breda's file relating to this matter. Whether or not the [organisation] has these documents in their possession is irrelevant. As the policy holder, it has the right to give instructions that the complainant be given access to these documents and must ensure that she is provided with the information as soon as reasonably possible. [...] It is of no avail that some or all of the reports in question may have been given by the complainant's own doctors: she is entitled to know from Van Breda exactly what medical information about her it has received and from whom."

  Keywords:

  duty to inform; insurance; medical opinion; medical records; organisation's duties; right;
  

  
  
  

• Judgment 2045

  
  91st Session, 2001
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "As the Tribunal has recalled in Judgment 1684 [...], medical records are strictly personal and the staff member's right to see them may not ordinarily be challenged."

  Reference(s)

  ILOAT Judgment(s): 1684
  

  Keywords:

  confidential evidence; duty to inform; medical records; right;
  

  
  
  

• Judgment 1848

  
  87th Session, 1999
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  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:

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

  
  
  

• Judgment 1811

  
  86th Session, 1999
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainant asked that his interim report be struck from his personal file on the grounds that it had prompted the refusal of his within-grade step increment. "It stands to reason that the complainant's file should contain any papers lawfully made out and bearing on his services with the organization, save medical reports. [H]is claim to removal of the interim review from his file must fail: there was nothing unlawful about that text and it was in any event superseded by the final appraisal, which was good."

  Keywords:

  career; complainant; exception; medical records; performance report; personal file; withdrawal of decision; work appraisal;
  

  
  
  

• Judgment 595

  
  51st Session, 1983
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  During the proceedings, the organization invited the Tribunal to lift the obligation of professional secrecy to allow the Tribunal access to the complainant's medical file. The complainant declined to allow this and by order of the Tribunal, the application was rejected on the grounds that only a patient might release his physician from professional secrecy. After the exchange of briefs, the complainant expressed agreement with his medical file being made available to the Tribunal. The Tribunal disallowed the reopening of proceedings for the file to be submitted. The complainant's own attitude is responsible for no evidence of the temporary nature of his illness having been presented.

  Keywords:

  complainant; confidential evidence; disclosure of evidence; medical records; organisation; refusal; request by a party;
  

  
  
  

• Judgment 479

  
  47th Session, 1982
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  While the complainant's degree of invalidity was assessed by doctors at 80 per cent, he in fact suffered the total loss of his earning capacity. "It is for the Director-General [...] as provided [under the rules] to assess the degree [of invalidity] on the basis of the medical evidence and as applied to the complainant's normal occupation. The Tribunal considers that the only conclusion on the facts of this case is that the complainant was totally unable to carry on his normal occupation or any equivalent occupation. Accordingly the degree of incapacity should be assessed at 100 per cent."

  Keywords:

  discretion; executive head; incapacity; invalidity; medical records; rate;