Medical Records
- you are the next of kin or legal executor
- you have the permission of the next of kin
- you have written permission from the deceased person given before they died
Accessing the records of deceased patients
To access the records of someone who has died you need to apply under the Access to Medical Records Act, 1990. You will only be able to access the records if:
You will need to state which records you want to access and if you are taking or intend to take legal action. The same charges apply as under the Data Protection Act.
Can I change my records?
If there is something in your which you think is wrong you need to write to the authority responsible for your records; either your GP or the Chief Executive of the hospital or specialist Trust.
You should explain what you think is wrong and if possible show some evidence or reason why it is wrong. If you can include a letter written by someone else this will be helpful to show why you record entry is wrong.
How do I access my medical records
Your medical records do not belong to you but to the Secretary of State for Health. In reality responsibility for your records is passed down to the various health bodies which produce and store your records.
The Data Protection Act allows you to ask to see any records containing information about you, this includes your medical records. If you want to see your records you will need to contact the GP practice or Hospital Trust responsible for them who will usually have a special form to be filled in. You may need to write to them to request they send you a form.
You will need to say why you want to see your records and tell them if you plan to take legal action based on their contents. Once you have sent this form to the GP Practice Manager or hospital Medical Records Manager they will either arrange for you to go and see your records or send you a copy. However, it can sometimes take several months for a copy to be sent to you.
If you go to see your records it is often a good idea to ask a doctor, nurse or other medical professional to accompany you as records often contain a lot of medical terms and jargon and, if handwritten, can also be difficult to read. The doctor or nurse can then translate the records for you and interpret any test results, which are often very difficult to understand if you do not know what a good or normal result would be.
If you would like help to access or view your records you can ask the local Patient Advice and Liaison Service (PALS) to help you. They are situated in most hospitals and there will be no charge for their help
You can be refused access to your medical records if a doctor thinks seeing your records will adversely affect your mental health or upset you too much. If you would still like to see you records you will need to demonstrate you have put in place the necessary support systems.
How long are medical records kept?
Health authorities are required to keep confidential records for the minimum time possible that is practical.
Records must be kept relating to a child up to the age of twenty one. Adult records must be kept for at least three years, usually for seven.
Many hospitals will have records going back for much longer than seven years; in particular if a person hasn’t moved away from the area or has been using service for a long period of time.
How much will I be charged to access my medical records?
You may be charged to access your records, or those of a deceased patient:
A maximum of ten pounds to view your records at your practice or hospital
A maximum of fifty pounds for a copy of your medical records (this includes x-rays)
These charges are to cover staffing and administrative costs and may not be applied by all authorities.
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