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Can my GP obtain my BM's medical records

  • 09-07-2012 9:18am
    #1
    OneIdea
    Closed Accounts Posts: 249 ✭✭


    I know who my BM was, I know her doctor and the hospital she passed away in. So my question is can my GP obtain her records or whats the formality for that... ?

    I also know what she died from so an alternative question would be is it worth the hassle getting such records as I'm sure my GP undoubtedly knows what such a record would read-out like?


Comments

  • #2
    Moonbeam
    Moderators, Education Moderators, Society & Culture Moderators Posts: 18,952 Mod ✭✭✭✭Moonbeam


    I am pretty sure the answer is no .
    You would need to ask a legal professional though.


  • #3
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    The answer might actually be yes. The same restrictions on information don't apply once someone has deceased, and in fact I think blood relatives have certain rights to access that information.

    I know my Mum was successful in retrieving medical records for her own mother's death more than 40 years after the fact. I don't know how she went about it though

    A legal professional is still your first port of call though. Maybe someone who specialises in probate, as they've probably had such queries come up before.


  • #4
    kwearykoru
    Registered Users Posts: 11 ✭kwearykoru


    Look at the ruling in this case involving the Rotunda and the Information Comissioner. I've lost the link but you can google it with Rotunda and Information Commissioner.


  • #5
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    You seriously need to get official legal advice on this.
    Adoption is specifically excluded from all Freedom of information requests under both adoption and FOI legislation. Under law you are treated as a stranger to your birth parents (or other family members), and have no rights to information of any type, as it pertains to them.

    However....... A death certificate will have the cause of death and possibly a little extra information. It is a public document (you can get a copy from the GRO in the same manner that you can get a birth or a marriage cert)- you do not need to be related to the person to get a death cert.

    With respect of getting your GP involved- absolutely no benefit to this whatsoever- its simply adding a middle man to the equation.

    If I were in your position- I'd be 1. seeking independent legal advice and 2. petitioning the Adoption Authority.

    S.


  • #6
    rinsjwind
    Registered Users Posts: 71 ✭✭rinsjwind


    smacarrick is right, as a "legal stranger" you have about as much chance of her GP giving you this info as I do!
    However, if all you want is medical history, I think the adoption agency involved will try to find and make contact with living birth relatives (there must be some?) and ask them to provide this. As suggested above get on to AAI and ask?

    Good luck


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