Access medical records

[Jessica87]

I used to suffer from migraines many years ago and have not had any in a while (3-4 years). Around a month ago I had what I thought was a migraine and was unable to work for a few days. I was doing this self-cert and didn't go to my doctor and still had some medication I was prescribed all those years ago (still in date mind you!).

 

Since returning my manager has asked that I be referred to their occupational health provider, which seems to be some outside company to ensure they are doing everything they can to help me with my "condition".

 

I have no problems talking with anyone and allowing them to examine/question me or whatever but I have two problems:

 

a) I don't want to grant them access to my medical records which they have asked I sign a waiver to do. They might not take advantage of it but the option is there should they need it.

 

b) If I don't and they ask me for proof, it might be difficult getting it as I haven't suffered from them in years and my old doctor has since left. It was never officially diagnosed, they didn't really know what it was at the time but suggested it was a type of migraine.

 

I really should have just said I had a headache and been done with it but I made a mistake and now it's opened a can of worms.

 

I've been advised by HR that by not giving permission it would then be up to my manager and I could be dismissed. I can't believe I could lose my job over a bad headache or end up giving in and handing my entire medical history to a private company.

 

I am now scared.

 

Does anyone have any advice please?

[Bigredbus]

One thing which can be done here is, to request that your 'medical records' be sent to you first as you have a right of access and correction.

[honeybee13]

I agree with BRB. Your GP may ask you to go into the surgery and read what they've written about you and then you can agree for it to go to your employer.

 

If you haven't been to the surgery recently, you might consider going to talk to a doctor. When I needed back up from my GP, they were very supportive. x

[Uncertain]

This "access medical records" question crops up quite frequently and is often misunderstood.

 

An employer can't get your medical records as such.

 

What they can do (but only if you give your consent) is ask your doctor to write a report detailing how your medical condition may affect your work. You have a legal right to see such a report BEFORE it is sent and to ask the doctor to consider making changes. You cannot tell the doctor what to write but if you cannot agree he has to add a statement of your views to the report if you wish. You cannot make your consent conditional on what the report says! The GP will charge a fee of around £180 for this.

 

Where an OH department is involved the position is slightly different. As a medical department they can examine you (if you consent) and write a report about how your health affects your work and what changes are needed to facilitate a return to work etc. They should provide the employer with the minimum personal medical information necessary. Again you have a right to see any report. If they wish to contact your GP they still need your permission. The GP will them be providing information to another medical professional so the rules are slightly different.

 

There is a great deal of information on the procedures and medical confidentiality on the GMC website.

 

Under most circumstances it is best to agree to such requests as it is otherwise easy for the employer to argue that they were concerned for your health but you wouldn't co-operate.

[honeybee13]

Hi Uncertain, thank you for the extra info. Is the £180 payable by the employer? I wasn't charged when I went in to read the letter about me.

[Uncertain]

Hi Uncertain, thank you for the extra info. Is the £180 payable by the employer? I wasn't charged when I went in to read the letter about me.

 

Yes - whoever commissions the report. It is up to the GP if and how much they charge as it is private work and not part of their NHS duties.

 

There is a standard form available for requesting such a report with a consent form for the patient / employee to sign.

 

A GP commented to me that, in his experience, employers seldom get such requests right first time. He added that it is easy for the process to take three months if that is helpful to the patient!!!!

 

He said if he received a request unexpectedly he would start by writing to the patient to check that they had in fact signed and properly understood the consent form.

[Jessica87]

Thanks for your replies and your insight uncertain, this has certainly helped.

 

I haven't been asked to sign anything yet which is a good sign and there seems to be different steps to be taken before getting in contact with the GP. If it does cost them, I think they would avoid it as my "condition" isn't really affecting much, if anything, at the moment.

 

This gives me hope they won't go down that route but rather the OH company might be able to give general recommendations to any changes that could be made to help, which wouldn't be any unfortunately!

 

Thanks!

[ccp consultancy]

it is hard to advise specifically on forums - generally speaking my thoughts are:

 

1) What is your current sickness levels

2) What job are you doing - are you using computers - if so the company has to do a VDU work assessment every year and provide you at the very least with free eyetests

3)If you do refuse to give access to medical records / visit their OH department then the company is free to make their decision without medical evidence on the grounds that you have not cooperated

 

4) If they wish to have access to your medical records they have to right to you and inform you of your legal rights - the letter will provide you with options - like ammending and viewing report prior to it being released - I would always recommend this

 

5) Apart from the migraines is there any underlying health problems whic could be covered under the DDA

Edited March 5, 2010 by MARTIN3030
For the 4th time-email link removed.

[ScarletPimpernel]

 

4) If they wish to have access to your medical records they have to right to you and inform you of your legal rights - the letter will provide you with options - like ammending and viewing report prior to it being released - I would always recommend this

 

 

I imagine you are referring to the Access to Medical Reports Act 1988 here. This gives some rights to individuals in respect of reports requested for employment or insurance purposes. However, there are no such rights where an OH department or similar simply asks for a copy of the entire medical record or part of it, only where the GP (or other healthcare professional involved in the care of the patient) is asked for a report. This is why many OH departments ask for a copy of the notes rather than a specific report or opinion.

 

There is no right to amend a report, only the right to ask the doctor to amend parts you consider incorrect or misleading; the doctor can refuse, although a note explaining your view can be attached.