Your medical records and your rights as a patient in Spain: reports, images and decisions

Am I entitled to a copy of my medical records and test results in Spain? How do I request them?

Reviewed by: Equipo CRC Warriors Last reviewed: 02/11/2026 Updated: 02/11/2026 4 min
In short: Yes: Law 41/2002 gives you the right to a copy of your medical record, every report and the images, without having to justify why. You request it in writing from Patient Services or through your region's health portal. The same law guarantees that you decide: informed consent, the right to refuse treatment, the right not to be informed if you prefer, confidentiality and the right to be accompanied.

Your medical record is yours (in practice)

Law 41/2002 recognises your right of access to the documents in your medical record and to a copy of the data it contains. You do not have to explain why you want it (a second opinion, another hospital, an insurer, simply to keep it). Only professionals' subjective notes and third-party data are excluded.

It includes: discharge and clinic reports, pathology, molecular biology (RAS, BRAF, MSI, NGS panels), blood tests, images (CT, MRI, PET, colonoscopy) with their reports, operation notes, chemotherapy treatment sheets and tumour board minutes where they exist.

How to request it

  1. Your region's health portal (health folder, app): most reports and some images can be downloaded directly.
  2. Patient Services (Atención al Paciente) at the hospital: written request (there is a form) stating which documents you want. Images are provided on CD/USB or by download link. Bring your ID; if acting for someone else, a signed authorisation and a copy of their ID.
  3. Timeframe: regional rules usually set a maximum number of days (around a month); if it is urgent for a second opinion or a clinical trial, say so and ask for priority.
  4. If refused or ignored, complain in writing to hospital management and, if necessary, to the Spanish Data Protection Agency (the right of access is also a data protection right).

Tissue samples (paraffin blocks, slides) belong to the hospital, but are lent to another centre for a second opinion or molecular testing at the request of the patient or the other hospital.

Informed consent: you decide

No intervention (surgery, chemotherapy, invasive test) can be carried out without your free and voluntary consent, after receiving understandable information about what it involves, what it is for, the risks and alternatives, and what would happen if it is not done. In writing for invasive or risky procedures; verbally for the rest. You can ask for time to think, take the document home and discuss it with whomever you wish. Signing does not stop you withdrawing consent later.

The right to refuse treatment

You can refuse a treatment or part of one (for example, adjuvant chemotherapy) even if the team recommends it. They must inform you of the consequences, record it in writing and continue to care for you with the available alternatives and supportive care. Refusing something does not mean losing your doctor or your follow-up.

The right to know and the right not to know

You are entitled to all the information about your diagnosis, prognosis and options, and also not to be informed if you prefer, naming who should be informed instead. Say so explicitly at the appointment and have it recorded. Your family cannot ask for information to be kept from you (a "conspiracy of silence") without your permission: the right is yours.

Confidentiality and being accompanied

Your health data are confidential: nobody, neither relatives nor your employer, can access them without your authorisation, apart from legal exceptions. You decide who is informed and how far. You have the right to be accompanied at appointments, tests and during hospital stays by the person of your choice, unless there is a clinical reason against it; in oncology it is highly advisable to bring someone to take notes.

Where to complain

  • Patient Services at the hospital: complaint and suggestion forms; they must reply in writing.
  • Your region's health department and, in several regions, the Patient Ombudsman or equivalent.
  • The Ombudsman (Defensor del Pueblo), national or regional, if the administration does not respond.
  • Patient associations: advice and support through the process.

What to ask at your appointment

  • Can I have a copy of this report today, and of the images from the last scan?
  • Has my case been discussed at the tumour board? Can I have the minutes or a summary?
  • What are the alternatives to what you propose, and what would happen if I do not do it?
  • I want information given to me (or: I prefer you speak with my representative). Can that be noted?
  • Can my companion come with me to every appointment and into the treatment room?

Frequently asked questions

Can they charge me for a copy of my medical record?

As a general rule, no: the first copy is free. Some regions allow a nominal fee for repeat copies or physical media (CD). Ask first for a download through the health portal.

Can my family request my reports?

Only with your written authorisation (or if you are unable to decide and they act as your representatives). After death, relatives may access them unless the patient expressly forbade it.

What if I do not want to know the prognosis?

That is your right. Tell your oncologist and name who should be informed instead. You can change your mind later. Doctors will respect your decision, unless there is a serious risk to others or the information is essential for an urgent decision.

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Sources

This guide is general information prepared by the CRC Warriors Association (non-profit) from public medical sources. It does not replace the assessment of your oncologist or medical team, who know your case. If you spot an error, write to contacto@crcwarriors.org.