Access to Health Records

Question 1

When does the PAP anticipate medical records will be released?

Answer 1

Before the Letter of Claim is sent; to allow preliminary investigation of the grounds for claim
1. Hospital records - medical and nursing records, consent records, labs, bloods, drug charts, ECG print outs, x-rays and scan results, anaesthetic records (physio/OT/ community nursing)
2. GP records - medical and nursing notes, drug chart, letters to and from consultants, investigation results,
3. Maternity records- progress of labour card, partogram, CTG tracings, neonatal, antenatal and paediatric records

Question 2

Under which legislation can living individuals access their health records?

Answer 2

DPA 2018 and GDPR

Question 3

What information must a claimant provide when requesting a copy of their records?

Answer 3

1. Sufficient information to alert the defendant where an adverse event has been serious , has had serious consequences or ,may constitute a notifiable patient safety incident
2. Be as specific as possible about the records that are required for initial investigation of the claim
3. Include a request for any PPG’s and any other documents created in response to an incident, NPSI or complaint

Question 4

Who can request the health records of deceased persons and under which legislation?

Answer 4

A personal representative of the deceased under the Access to Health Records Act 1990

Question 5

How long does a defendant have to provide health records once a request has been made?

Answer 5

40 Days from receipt of request.

Note: claimant can apply to Court for an order for pre-action disclosure if not disclosed on time. Will happen before the Letter of Claim is sent.
Application can be made by patient, lawyer, person with parental responsibility, person with court authorisation for incapacitated adult.