Medical records: the first copy is always free

For years, obtaining a medical record has been, for many citizens, an obstacle course. Requests for payment, waiting times, justifications, forms, arbitrary interpretations. Yet the Court of Justice of the European Union, with ruling C-307/22 of October 26, 2023, clarified a principle that leaves no room for doubt. The first copy of the medical record must be provided free of charge, complete, and without the patient, child, or heir having to explain the reason for the request.

The Court states this with rare clarity. The data controller, therefore also the doctor, cannot ask for the reasons for the request and cannot charge any fee for the first copy. The logic is simple: health data belongs to the individual, not the organization that stores it.

Why this decision is crucial in inheritance matters

In inheritance disputes, medical records are often the document that makes the difference. It is the key to understanding whether the testator was truly capable of understanding and willing when he or she wrote the will.

Anyone considering a challenge knows well that a diagnosis of dementia, terminal hospitalization, sedative therapies, documented states of confusion, or medical opinions describing cognitive deterioration can completely change the way a will is read.

Yet obtaining that documentation often meant facing resistance, costs, and requests for justification. Not anymore. The Court has removed any excuses.

What the ruling really says

The first copy is always free. No fee, no reimbursement, no "cost contribution." There's no need to justify the request. The Court explicitly states this. The patient doesn't have to explain why they want the medical records. And this is essential for anyone considering an appeal. They don't have to reveal their cards.

The copy must be complete. Not an excerpt. Not a summary. Not "the relevant parts." The Court speaks of "faithful and intelligible reproduction of all the data," including through a complete copy of the documents.

No national law can impose costs. The Court has clarified that internal rules requiring payments for the first copy are not compatible with the GDPR.

The point is simple: today, clinical truth is more accessible

And this radically changes the way many successions are addressed. Because when there's a dubious will, the first question is always the same: "What condition was the testator really in?"

Now the answer is closer, quicker, and, above all, no longer depends on the goodwill of the healthcare facility.

Medical records therefore become crucial in cases of:

• Holograph wills written in fragile conditions.
• Sudden changes to inheritance wishes.
• Donations made close to death.
• Situations of isolation, dependence, or vulnerability.
• Family conflicts in which the testator's capacity is disputed.

In all these situations, the Medical records are not a "useful" document. They are the document.

And this is where the Agenzia delle Successioni comes in

Because having medical records is one step. Understanding them, reading them, and interpreting them correctly is another.

Many heirs contact us right after obtaining the medical records. They have pages full of acronyms, reports, clinical notes, and treatments, but they don't know how to connect them to the validity of the will.

This is where our work becomes crucial. We reconstruct the testator's medical history, identify the relevant passages, assess whether there are elements that can support an appeal and, when necessary, involve medical-legal specialists.

If you find yourself in a similar situation, you can request a consultation using the form on agenziadellesuccessioni.it. It's the quickest way to understand if there are grounds to contest a will and what steps to take.