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Getting medical files

  • 17-11-2010 7:06pm
    #1
    Mammyof1
    Closed Accounts Posts: 4 ✭


    Hi,

    I have a solicitor trying to retrieve my files from a hospital in Dublin at the moment. I signed all the relevant documentation etc and the solicitor is telling me they have not yet received my files even though its been 4 months and they are chasing up with the hospital constantly. My question is how long does a hospital have under the freedom of information act to give you your files. Have they a certain amount of time??

    Thanks
    Tagged:


Comments

  • #2
    [Deleted User]
    Posts: 6,025 ✭✭✭ [Deleted User]


    They are bastards to get info from. Beyond callous.

    I waited one month for mine.

    I think they have 40 days. Your soliicitor should follow up. I think the is some leglisation for beyond the 40 day mark.

    Looks bad for them though.


  • #3
    shaunsweb
    Closed Accounts Posts: 57 ✭✭shaunsweb


    Also if your files are held electronically on a network, you are legally entitled to see them under Data Protection Act. It might take a solicitors letter to the general manager/legal counsel of the hospital, to get them kicked into gear

    good luck


  • #4
    Joe C
    Closed Accounts Posts: 75 ✭✭Joe C


    It's generally a 6 week waiting period for medical records, give or take a few days. It's rare that it would take longer than that, and it's rare to have them much sooner than that too.

    OP - there is no harm in you ringing the FOI department of the hospital yourself to see what the issue is. It could be your solicitor took their time over making the request and is now making excuses.

    There's a handy guide to FOI here: http://foi.gov.ie/short-guide-to-the-foi-acts/
    3.7 Dealing with an FOI Request – Time Limits

    Acknowledge receipt of request within 10 working days. A working day excludes a Saturday, a Sunday, or a public holiday as defined in the Organisation of Working Time Act 1997. (section 7(2))
    Issue acknowledgement setting out the rights of the requester in the event of the request not being dealt with within the specified time limits. (under section 41 non-reply to a request is deemed to be a refusal thereby allowing the requester to proceed to internal review at no charge).
    Decide whether to grant or refuse to grant the request within 20 working days (section 8(1))
    If decision is to grant the request, determine the manner in which access will be offered
    Cause notification in writing of the decision and determination to be given to the requester

    3.8 Extension of Time Limit (section 9)

    The head of the public body may extend the time limit for dealing with a request by up to 20 working days, if the request, or related requests, concern such a large number of records that compliance within the initial 20 working day period is not possible


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