无论是在学术界抑或实务中, 就患者对其病历资料所享有的权利, 讨论寥寥。然而, 患者的这项权利与患者自治权的保护、医患关系的改善及其公共卫生安全事业的发展都紧密相关。患者对病历资料享有的权利可分为两项内容:查阅、复制病历数据的权利和控制病历数据的权利。本文针对这两项分权利, 全面分析了它们的学理基础、权利受限情形、行使方式和救济方式。希望藉由本文, 患者和医务人员或医疗机构能更加清楚地了解各自就病历资料所享有的权利和所负有的义务。

Patients’ right to medical records has seldom been discussed either in the academic or in the practical area. However, this right is closely connected with the protection of patient autonomy, the improvement of physician-patient relationship as well as the development of public health safety. Patients’ right to medical records consists of two parts: a right to inspect and obtain copies of their medical records and a right to control their medical records. This article thus focuses on these two sub- rights by thoroughly analyzing their legal basis, exceptional circumstances, the manner of exercising right and remedies. Hopefully, by relying on this article, both patients and medical professionals will more clearly understand the rights or the duties they respectively have concerning medical records.