22 the Metropolitan Hospital advised that “due to the privileged nature of [c]linical [h]istories, a court order [was required] in order to [refer] a copy of the file on Miss Laura Albán-Cornejo.”51 On November 6, 1990, Mrs. Cornejo de Albán appeared before the Quito Civil Court to request that the Metropolitan Hospital be ordered to produce the medical file “containing the results of the lab tests, CT scans, and monitoring records, etc, of [her daughter], and that it also supply [to her] duly authenticated copies thereof.”52 On the same day, the Eighth Civil Court ordered the production of Laura Albán’s medical file.53 The documents were produced on November 16, 1990, in compliance with the order issued by said Court.54 66. In December 1990, Carmen Cornejo de Albán and Bismarck Albán-Sánchez informally requested to several physicians that they examine their daughter’s medical file. Said doctors determined that the cause of death of Laura Albán “[…] had been the administration of morphine […].”55 67. The Court understands that the medical file contains personal information that is, in general, privileged. Custody of the medical file is governed by each State’s domestic regulations, under which it is generally entrusted either to the attending physician or to the public or private health institution at which the patient is treated.56 In the event of the patient’s death and even in other situations, this does appendixes to the application, appendix 6, p. 55); and brief of Julio Prado-Vallejo, the President of the Ecuadorian National Branch of the International Society for Human Rights, to Dr. Patricio Jaramillo, Director of the Metropolitan Hospital, dated June 28, 1990 (file of appendixes to the application, appendix 7, p. 61). 51 Cf. brief by the Director of the Metropolitan Hospital, Ing. Gonzalo Cordovez, to Julio PradoVallejo, the President of the Ecuadorian National Branch of the International Society for Human Rights, dated August 6, 1990 (file of appendixes to the application, appendix 8, p. 63). 52 Cf. request of Carmen Cornejo de Albán displayed before the Eighth Civil Court of Pichincha, of November 6, 1990 (file of appendixes to the application, appendix 17, pp. 83 and 84). 53 Cf. order of the Eighth Civil Court of Pichincha of November 6, 1990 (file of appendixes to the application, appendix 17, p. 84). Article 3 of the Code of Civil Procedure provides that “preventive jurisdiction is that type of jurisdiction under which a case is to be heard by the court that first takes cognizance thereof.” Article 68 of said Code provides that “[e]very civil action is instituted by means of a complaint, even though preparatory action may be taken prior thereto […] 3º.- Production and acknowledgment of documents.” Furthermore, Article 69 of said Code provides that “[either a]s preparatory action or within the evidentiary stage a request may be made for the production of volumes, deeds, notarial instruments, receipts, accounts and, generally, documents of any kind whatsoever, provided that they are specifically identified, indicating how they relate to the matter at issue or that which will become the subject-matter of the action.” 54 Cf. record of production of documents before the Eighth Civil Court, November 16, 1990 (file of appendixes to the application, appendix 19, p. 88). 55 Cf. medical examination of the medical file on Laura Albán (appendixes to the brief of pleadings and evidence, pp. 761 and 762); and neurological medical criteria (appendixes to the application, file of the case before de Inter-American Commission, appendix 3, p. 616); testimony of Carmen Cornejo de Albán, supra note 49; and testimony of Bismarck Albán-Sánchez, supra note 49. It should be noted that the medical examination of the medical file on Laura Albán, which has been submitted as evidence, does not feature a date or the name of the authoring physician. In that regard, the Commission and the representatives pointed out that the doctors consulted on the matter stated that they could not comply since medical laws require that physicians refrain from damaging the reputation of their colleagues. 56 On the subject of custody of the medical file, see: Article 10 of the Medical Practice Law of Bolivia; Article 30 of the Ethics Code of Chile; Article 49 of the Ethics Code of Guatemala; Article 32 of the Rights and Duties of Public and Private Health Services’ Users in Costa Rica; Article 170 of the Medical Ethics Code of Venezuela; Article 16(2) of the Medical Ethics Code of Uruguay; Article 19 of Law No. 41/2002, of November 14, 2002, the basic act regulating patient autonomy and rights and obligations