Many clients who seek legal advice about the medical treatment they have received are concerned about getting hold of their medical records. Any consultation with a health professional should result in a written or computer record which may bear no relation to the client’s recollection of events!
Under the Data Protection Act 1998 every patient or client is entitled to have access to all of their health records from NHS bodies, namely hospitals, GPs and community clinics, part of the Primary Care Trust. However this right is subject to exemptions. Objections to release of the information are usually based on concern that the information may detrimentally affect the patient’s health in some way: this is more common in cases where the patient may have been treated for mental illness.
Requests for copy hospital records are made to the Medical Records Department of the treating hospital. Requests for GP records are made to the patient’s current GP who should hold all medical records from any previous GP practices as the records follow the patient.
The Data Protection Act does not give such a right of access to anyone else’s records, i.e. anyone other than the patient. However, the obvious exceptions to this are: a parent can access their child’s records and a personal representative can access the deceased’s records.
A patient can request sight of their original records but these must be viewed in the GP surgery or hospital and can not be released. Copies can be supplied for permanent retention, however there is a cost for this.
The maximum which can be charged presently is £50 per set of records and x-rays. This means that if the patient wishes to see GP and hospital records, the total cost would be £100, that is £50 for each set of copied records and x-rays.
If the records are handwritten they can be difficult to read and even computer records very often need ‘interpreting’ as abbreviations are used along with medical jargon.
If you have any concerns about obtaining such records, reviewing them or if you feel you or one of your clients is unhappy about treatment received, our Clinical Negligence Department will be happy to assist. Please contact Jeanette Whyman on 01926 883019 or via email jeanette.whyman@wrighthassall.co.uk.
