Abstract：
The Dutch Act on Patients Rights requires that physicians record all forms of treatment in the medical file of the patient concerned. This obligation ends once the patient dies. Do family members of the deceased patient then have the right to consult the medical file? This question regularly emerges when family members question the competence of a deceased person, notably when the latter before its death changed its will. According to the Act on Patients Rights access to the medical file of a deceased person by relatives is restricted to three situations. In these cases the treating physicians is required to provide access. Family members do not have the right to require the treating physician to retrospectively report on the competence of the deceased person. Family members can only ask an independent physician to advice on the competence of the deceased individual.
摘要：
《荷兰患者权利法》要求医生将所有形式的治疗记录在有关患者的医疗档案中。一旦病人死亡，这项义务就结束了。死者的家属是否有权查阅医疗档案？当家属质疑死者的能力时，这个问题经常出现，尤其是当后者在死亡前改变了它的意志。根据《患者权利法》，亲属访问死者的医疗档案仅限于三种情况。在这些情况下,治疗医师需要提供访问。家庭成员无权要求主治医师回顾性报告死者的能力。家庭成员只能要求独立医生就死者的能力提出建议。
