The lenght of time for Hosiptal to keep medical records

[bonnygirl]

My dad had some tests done in NHS in 1994/5 not sure of exact year, will the hospital keeps records for and will he be given access to them.

[sillygirl1]

Yes, they should have these results, you would probably need to go to the Patient Advice people at the hospital for them - not sure what the fees are.

 

Usually medical records are kept for life plus 15 years - at least that was the time limit 6 years ago when I used to do clinical audit.

[BazzaS]

I'd not usually disagree with sillygirl1, as I've seen excellent advice in many of their posts, but "life + 15 years" is a bit of an oversimplification. For example, if someone died abroad, how would the NHS know when to start the "15 year clock?".

 

I would agree that they should have results from 1994/5, and since these tests were done after the Access to Heath Records Act came into place in 1990, your father will likely have the right to have access to them ( if push came to shove) in the absence of one of the statutory exemptions. Often, an informal request is the best way forward (they may not even charge!), with the back-up plan of the statuatory formal request (chargeable) if they get difficult.

 

In terms of retention of clinical records .... The maximum usually is 30 years, and while there are set minimum periods, records can be kept for longer than the minimum.

The minimum varies depending on the type of record (and the status of the patient ... It being a Maternity, paediatric, prison health or mental health record can change the retention period),

 

Relevant pages citing DH advice include

http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4131747

http://www.northeast.nhs.uk/_assets/media/pdf/Records_Retention_Schedule_DoH.pdf

 

What type of result was it?

[sillygirl1]

Thanks for posting the link BazzaS, when I worked in the NHS those were the guidelines I had.

 

As you say, it varies according to the speciality, mine was orthopaedics and sexually transmitted disleases (which again has its own rules).

[Old Cogger]

My daughter died very young (18), and a investigation on a another matter regarding the particular surgeon who had been attending her asked for people to come forward, I gave the inquiry dates /hospital, year of incident only to receive a letter thanks BUT deceased records are only kept for a few years therefore I could not help with enquiry although I pointed out a complaint had been made and result I could send them.

[nolegion]

As regards production, a patient, or someone authorised on their behalf, can get copies of any test results or other medical records by making a 'subject access request' under the Data Protection Act 1998. The trouble is that they can charge you up to £50 for the privilege, and although they are supposed to supply the information promptly, it can take months.

 

(see http://www.consumeractiongroup.co.uk/forum/showthread.php?36564-Access-to-my-medical-records./page4)

 

The Access to Health Records Act 1990 now only applies to the records of the deceased, but as BazzaS indicates, it did create an important reference date. Under that Act such records after 1990 must be produced..

 

If you are only after a specific and small set of records, and you have time at your disposal, another way forward would be to ask, in writing, to 'view' the results in question. They are supposed to give you that right within 21 days (as a matter of NHS policy rather than law), and they shouldn't normally charge more than £10. Once you have seen and carefully noted the contents of any such records, you can then make a subject access request for the specific, dated, page or two in question.

 

If the test results were sent to the GPs concerned, the current GPs should definitely still have them; and that is where I would start, if possible.

Edited April 14, 2012 by nolegion

[VikkiBP]

Hospitals are legally obliged to keep physical medical records for 8 years, 25 years for children. However test results may still be held electronically.