Wegweiser Patients · Your rights in treatment and when things go wrong Deutsch

📁 Access to records and copy of the treatment record

You may view your complete treatment record. The first copy is free of charge. The record must be kept for ten years.

In brief

You have the right to see your treatment record. This applies to the complete record.

You can ask for copies. The first copy must be free of charge.

Access must be granted without undue delay. It can be refused only for significant therapeutic reasons or the rights of third parties. The reasons must then be stated.

Doctors must keep the record for ten years after treatment ends.

Step by step

  1. Ask in writingAsk the practice or clinic in writing for access and a copy.
  2. Demand completenessAsk for the whole record, including findings and images.
  3. Note receiptNote the date of your request and of the reply.
  4. If refusedAsk for the reasons and get advice.

Deadlines

without undue delay
Access to the complete treatment record on request§ 630g Abs. 1 BGB
10 years
Retention period of the record after treatment ends§ 630f Abs. 3 BGB
Watch out – common mistakes
  • Refusal is permitted only for significant therapeutic reasons or significant rights of third parties and must be justified.
  • Missing documentation of important measures can work in your favour (see burden of proof).
  • After a patient's death, heirs and close relatives have limited rights and bear the costs (§ 630g Abs. 3 BGB); the patient's wishes may stand in the way.
In depth · legal basis, figures and practice – for advisers and professionals

Duty to document (§ 630f BGB)

The treating practitioner is obliged to "keep a treatment record, on paper or electronically, in direct temporal connection with the treatment". Corrections and changes must remain recognisable. All measures and results that are essential from a professional point of view for current and future treatment must be recorded, in particular medical history, diagnoses, examinations, therapies and consents. The record must be kept for ten years after treatment ends, unless other provisions set longer periods.

Access to the treatment record (§ 630g BGB)

Since 6 February 2026 (Act of 3 February 2026, BGBl. 2026 I Nr. 28), the law says "treatment record" (Behandlungsakte) instead of "patient file" (Patientenakte); § 630g is divided into four paragraphs. On request, the patient must be granted access without undue delay to the complete treatment record concerning them. They can request electronic copies; the first copy is free of charge. Access can be refused only to the extent that significant therapeutic reasons or other significant rights of third parties stand in the way; the refusal must be justified.

After death, and data protection

After the patient's death, the rights to safeguard financial interests belong to the heirs, and the rights to safeguard non-material interests to the closest relatives; they are excluded to the extent that access contradicts the patient's express or presumed wishes. Under § 630g Abs. 3 BGB, heirs and relatives who request access or copies bear the costs. Under Abs. 4, claims under data protection law remain unaffected; a free-of-charge data protection access request is credited against the claim to the first copy.

Who is responsible
  • Treating doctor or hospital
  • Data protection supervisory authority (in a dispute over access; not examined in detail)
  • Stiftung Unabhängige Patientenberatung Deutschland (independent patient advice foundation)

Quick questions

Worum geht es bei „Access to records and copy of the treatment record“?
You may view your complete treatment record. The first copy is free of charge. The record must be kept for ten years.
Which deadlines and figures matter?
  • without undue delay: Access to the complete treatment record on request (§ 630g Abs. 1 BGB)
  • 10 years: Retention period of the record after treatment ends (§ 630f Abs. 3 BGB)
What should I do first?
  • Ask in writing: Ask the practice or clinic in writing for access and a copy.
  • Demand completeness: Ask for the whole record, including findings and images.
  • Note receipt: Note the date of your request and of the reply.
What do I need to watch out for?
  • Refusal is permitted only for significant therapeutic reasons or significant rights of third parties and must be justified.
  • Missing documentation of important measures can work in your favour (see burden of proof).
  • After a patient's death, heirs and close relatives have limited rights and bear the costs (§ 630g Abs. 3 BGB); the patient's wishes may stand in the way.
Evidence
  • Gesetze im Internet, BGB § 630f, retrieved 20 September 2026
  • Gesetze im Internet, BGB § 630g, retrieved 20 September 2026
  • Gesetze im Internet, BGB § 630h, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.