Access to my medical records.

[flyingdoc]

taskmaster is correct - the access to medical records legislation is not completely in line with the data protection act as they are allowed to withold information and they dont even have to tell you if they have witheld any information

[citizenkain]

hmm,I dunno sali my mother is still alive,she must a taken me there at the time as I would a been about 5 but Im too frightened to ask!!

[Sali]

Access to your medical records falls under the standard Data Protection Act. It would be unusual to be refused access to your data - although I do remember reading something where they can withhold information if it is likely to cause you mental distress or involve a third party who has not given consent. The more likely reason for not getting hold of your data is that the records have been mislaid/lost. Just think, once the NHS have computerised the data, we may all get the opportunity of reading each other's personal medical information without even having to ask. Be brave Citizenkain. Talk to your mum! It'll be cheaper and quicker.

[flyingdoc]

Sorry sali but its not quite true - access to med records falls under the access to health records act 1990

Access to Health Records Act 1990 (c. 23)

[Sali]

Well, I helped a relative apply for their medical records under the Data Protection Act, completing the Subject Data Access form that you would for any other company from which you wished to obtain data (of which you are the subject). I've also used the Access to Health Records act (different form) for access to a deceased relatives health records.

This on the Department of Health website:
Access to Health Records : Department of Health - Managing your organisation

Access to the health records of living patients is governed by the Data Protection Act 1998.

Access to the health records of a deceased person is governed by the Access to Health Records Act 1990.

[flyingdoc]

I think the difference in med records is that in normal data they have to provide ALL data pertaining to you - med records they are allowed to hold some back if they deem it necessary, and they dont have to tell you that they have, or what they have witheld

[Sali]

I would suspect that both Acts are open to interpretation. On the whole both are welcome legislation, although those enforcing the Acts need more teeth to deal with those organisations deliberately flouting the law, withholding data that they should not. I think the Information Commissioners Office helpline is a little overwhelmed by enquiries.

[milkbubble]

I work in a Medical Records department and we have people who are employed solely to deal with requests for Access to Records. If your hospital has the same then its best to go direct to them. There is usually a charge for the service though.

[Sali]

There is one person at our local hospital (no stand in when she is on holiday it seems) who is supposed to be responsible for access to medical records. I think they were probably thrown into the post when the Act came into practice and received little or no training - mind it probably takes a time to read it all, let alone understand it. My point is always check things out for yourself (in this case the Information Commissioners Office website) before making your request. More often than not, you'll be more informed than they are.

[steven7]

Hi,
This is Steven. I am newly enter to this site. Day by Day health problems are increases. If records have been redacted, or certain parts have been withheld because the Trust supplying the records thinks that either there is an exemption or that certain information may be uinjurious, and you disagree, contact the Information Commissioner.

========================= ========
steven7
visit
free phr

[rsdmom]

Hi Everyone.
I need some help. I have Reflex Sympathatic Dystrophy. I saw my neurologist of 9 years in May of 2008 and he told me he wanted to see me back in July of 2008. I went and he had gone. Just up and left. He had no nurses and one receptionist and no one there. He took my medical records (not just the 9 years he treated me but the entire 15 years of records since I've had RSD). He posted an ad in a newspaper in a different town and someone called me with the address in another state that he stated in the ad that he wanted his patients to send any correspondence to. I have sent 3 medical release forms and 2 personal letters asking for my records and have gotten no reply. It's been a year now and I still have no records which is making it so difficult to get the proper treatments. I have contacted the medical board they don't know where he is. I asked other patients of his and they haven't gotten their records either. It's like he dropped off the face of the earth. He did hand in his medical license. I can see it on the medical board website. He also signed a form with the medical board stating he would make sure that his patients not only would have ongoing care but access to our records at all times. Yeah right! Please help. I don't know if I have any legal recourse or what to do. thanks

[Feebee_71]

rsdmom,

I am guessing from the post that you are in the US.

The majority of people on this site are from the UK and so you may find it difficult getting information from this site to help you with your problem.

I wish you luck getting hold of copies of your medical records and seeking a new doctor to treat you.

Feebee_71

[Big Nick]

I used to work in an NHS hospital Medical Records dept and the policy was that if you had not been there for treatment in the last 10 years your records would be destroyed. This had the benefit of creating space in the archives but I can see it causing problems for recurring illnesses.

I'm now wondering how legal this all was....

[borisbeaver]

The normal procedure for getting access to your medical records from a hospital is to write requesting them, usually to the Chief Executives Office. No other means of request will be accepted. Certain types of medical record are exempt from disclosure, which are mainly to do with the mental health act. IIRC, to see these records, you need to go through the courts.