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Monday, June 17, 2024
HomeHealth LawRequesting Medical Information after a dying | Medical Negligence and Private Damage...

Requesting Medical Information after a dying | Medical Negligence and Private Damage Weblog | Kingsley Napley

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Dropping a cherished one whenever you assume it could be as a result of they acquired poor medical care is extremely annoying at a time when household and pals are grieving their loss.  Usually, folks wish to see a written report of the ultimate days of their cherished one and what occurred to them, or they could wish to undergo years of information to determine whether or not there was a analysis which will have been missed, equivalent to most cancers.

The legislation regarding the disclosure of a deceased individual’s medical information are different to the final guidelines about launch of medical information.  It may be a complicated course of to navigate as a result of the Basic Information Safety Regulation (GDPR) which provides automated entry to your personal information, doesn’t apply when attempting to entry the information of somebody who has died.  Additionally, the Information Safety Act solely applies to residing people.  That stated, the duty to respect a affected person’s confidentiality extends past dying.

Who can request medical information after a dying?

Solely sure folks have the correct to entry the medical information of somebody who has died and that is lined by the Entry to Well being Information Act 1990.  This Act permits disclosure of medical information to:

  1. The Private Consultant of the one that has died.  If the deceased individual has a Will, the Private Consultant is named the Executor of the Property.  If there isn’t any Will, the Private Consultant is named the Administrator.
     
  2. Anybody who might have a declare ensuing from the individual’s dying.  This implies the consultant of the deceased’s Property (the Executor or the Administrator), or the ‘dependants’ of the deceased. There are strict standards as to who is taken into account a dependant; very typically, this consists of spouses, civil companions, youngsters, dad and mom and folks residing in the identical family for a minimum of 2 years earlier than the dying and instantly earlier than the dying as husband/spouse/civil accomplice.  People falling into this class could also be entitled to deliver a civil declare arising from the circumstances of the deceased’s dying by means of the Regulation Reform (Miscellaneous Provisions) Act 1934 or the Deadly Accidents Act 1976.

Offering Proof

You’ll need to offer proof that you just fall inside one in all these classes.  That is pretty simple if you’re the consultant of the Property as summarised in class (1) above.  The Private Consultant can present a duplicate of the Grant of Probate (if you’re the Executor), or a duplicate of the Grant of Letters of Administration (if you’re the Administrator).  You don’t want to offer any purpose for requesting the information.

The scenario turns into extra difficult if you’re not the Private Consultant, however imagine you will have a declare ensuing from the individual’s dying.  For instance, an individual might die, leaving a partner and kids.  Nonetheless, the deceased might have chosen to call another person as Executor (for instance, his brother).  In sensible phrases, the simplest approach to acquire the information is all the time for the Private Consultant to request them.  Issues can come up when the Private Consultant doesn’t wish to deliver a declare for the Property as a result of they might not want to be concerned in a authorized course of equivalent to a medical negligence declare and subsequently refuse to request the information.

If somebody apart from the Private Consultant feels they’re entitled to deliver a declare they might want to present proof of their relationship with the deceased.  They may even must say why they need the information.  It’s often not sufficient to say you’re fearful about some facet of the medical care and therapy otherwise you wish to write a letter of grievance and wish the information to take action.  You’ll need to set out particular considerations in regards to the healthcare the deceased acquired that has led you to think about a declare for medical negligence.  Such a declare should be introduced inside sure closing dates.  For those who really feel you do have a declare and entry to information is proving tough or taking a really very long time, it is best to communicate to our specialist medical negligence group.

What occurs if you’re not a Private Consultant and should not contemplating a declare?

If you don’t fall beneath the classes of individuals entitled to request the information then entry to a deceased individual’s information is determined on a case-by-case foundation.  The individual requesting the information would want to write down to the hospital or GP demonstrating that:

  • They’ve a legitimate purpose for requesting the information;
  • They’ve a respectable relationship to the deceased;
  • Entry to the information is within the public curiosity.

A GP or hospital will take account of the desires of the deceased individual previous to dying, the views of the surviving household, any misery the discharge of this data might trigger to a residing individual and any lack of privateness which will affect the fame of the deceased.

Who must you write to?

To request GP information, it is best to write to the Follow Supervisor on the deceased’s GP surgical procedure.  When an individual has died, the GP surgical procedure usually not retailer the information and the information are despatched to Major Care Assist England.  The Follow Supervisor will be capable to inform you the place they’ve been saved.

To request NHS hospital information, apply to the Entry to Medical Information Workforce on the Hospital the deceased individual attended.  The Hospital can have data on their web site that gives the exact deal with particulars, so it’s value checking as a result of the information could also be saved with one other hospital inside the identical Belief.  For those who can’t find this data it may be value making a name to the Hospital’s Entry to Medical Information Workforce to make sure you are writing to the proper division and deal with.

To request hospital information relating to non-public therapy, write to the non-public hospital concerned, naming the physician who offered your care and ship the request to the Medical Information Supervisor/Entry to Well being Information Workforce.

What is supposed by the time period ‘well being information’ and the kind of information that may be disclosed?

The Entry to Well being Information Act 1990 defines a well being report as being a report which “consists of data regarding the bodily or psychological well being of a person who will be recognized from that data, or from that and different data within the possession of the holder of the report; and has been made by or on behalf of a well being skilled in reference to the care of that particular person.”  

The time period ‘well being skilled’ has the identical which means as that utilized to the time period inside the Information Safety Act 2018.  This implies well being information made by the next people are lined by the Entry to Well being Information Act 1990 –

  • Registered medical practitioner
  • Registered nurse or midwife
  • Registered dentist
  • Registered dishing out optician or a registered optometrist
  • Registered osteopath
  • Registered chiropractor
  • Particular person registered as a member of a career to which the Well being and Social Work Professions Order applies
  • Registered pharmacist
  • Little one psychotherapist
  • A scientist employed by a well being service physique as head of a division

Limits to Disclosure

Pursuant to the Entry to Well being Information Act 1990 entry won’t be given to any a part of a well being report which: 

  1. Within the opinion of the holder of the report, would disclose (a) data prone to trigger severe hurt to the bodily or psychological well being of any particular person, or (b) data regarding or offered by a person, apart from the affected person or a healthcare skilled, who could possibly be recognized from that data;
  2. Was created earlier than the graduation of the Act on 1 November 1991, and
  3. Is the topic of a word, made on the affected person’s request, that he/she didn’t want entry to be given on such an utility.  Such a request might relate to information previous to a particular date or information regarding a particular concern.

If a part of a well being report falls into class (1) the information are prone to be disclosed in a redacted format.  If class (2) and (3) are relevant then information will likely be withheld. 

Time Limits

If the information have been up to date throughout the 40 days earlier than the date of your utility, you need to be given entry inside 21 days.  If the information have been up to date greater than 40 days earlier than the date of your utility, it is best to obtain the information inside 40 days.

Price

Following the implementation of GDPR, the Entry to Well being Information Act 1990 was amended in order that the information of a deceased individual should be offered freed from cost.

FURTHER INFORMATION

If you need any additional data or recommendation in regards to the matter mentioned on this weblog, please contact Richard Lodge or our Medical Negligence and Private Damage group.

 

ABOUT THE AUTHOR

Richard Lodge is a Accomplice within the Medical Negligence and Private Damage follow and has been recognised inside the subject of medical/medical negligence inside the Chambers UK and Authorized 500 directories.  He’s an individually ranked lawyer for medical negligence inside Chambers UK, A Consumer’s Information to the UK Authorized Career.

 

 

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