Deleting medical files from previous doctor

RandomAct

Hi,

I moved to a new doctor about 5 years ago, but the GP I was seeing before I moved still has many medical files on me.

For my own personal reasons, I'd like these files deleted. I rang my old GP and his receptionist told me they can copy the files for my new doctor (which is not the issue) but they won't delete the files from their own records.

Is there any way I get them to delete my files?

Thanks

Hi RandomAct
Welcome to boards.ie
You've posted in the After Hours section which isn't really the best place for your query. I'm going to move it to Legal Discussion where you may get better answers

Please note that the Legal Discussion charter now applies.

Michael D Not Higgins

Under Medical Council guidelines they must maintain accurate records and are bound by the Data Protection Act. There are no defined legal limits but the ICGP recommends 8 years in line with HSE policy.
http://www.icgp.ie/go/in_the_practice/frequently_asked_questions/medico_legal/430E6ED9-19B9-E185-83ED144D64333615.html

Is there a specific reason to believe they will misuse the records?

Pro Hoc Vice

While there is no set term to keep records http://www.medisec.ie/a-z/medical-records-in-general-practice it's best for a doctor to do so for a number of years as set out here 8 years would be normal http://www.medicalprotection.org/ireland/booklets/medical-records/retention-of-medical-records

RandomAct

Michael D Not Higgins wrote: »

Is there a specific reason to believe they will misuse the records?

I don't think they'll misuse the records. A friend of mine will begin work in the doctors reception soon and I don't want him to see my medical history.

Michael D Not Higgins

RandomAct wrote: »

I don't think they'll misuse the records. A friend of mine will begin work in the doctors reception soon and I don't want him to see my medical history.

He shouldn't have access to your records as you aren't a current patient, and even if he were to see the records he would be bound by confidentiality under the Data Protection Act.

http://www.medicalcouncil.ie/News-and-Publications/Publications/Professional-Conduct-Ethics/Guide-to-Professional-Conduct-and-Behaviour-for-Registered-Medical-Practitioners-pdf.pdf

If disclosure of a patient’s information is necessary as part of their care and treatment, you should take reasonable steps to ensure that you make such a disclosure to an appropriate person who understands that the information must be kept confidential.

I presume you have notified your former GP of your issue with regard to your friend working there. Can you get the GP to ensure your information remains confidential, such as locking out access to your file from your friend's computer login? It might be that part of your friend's job is maintaining records and this cannot be helped if they are paper records, but illegally accessing records like that is punishable under the Act.

http://www.medicalprotection.org/Default.aspx?DN=a3e01453-0d5b-4ab2-a8a4-4c8cdad5987f

Most patients are aware that information about them needs to be shared among the healthcare professionals delivering care, but they may not know that they have a right to ask for certain information to be withheld. They should be informed of this (via leaflets, notices and verbally) and, if they ask for information about them to be kept confidential, this should be respected. The only exception is if withholding information from staff would place others at risk of death or serious harm.
The sharing of information within the team should be on a need-to-know basis, depending on the role the member of staff has in the patient’s care.

It is likely you can request that the GP does not give access to your files to your friend. In this way, he can comply with the Act, your wishes and the retention of medical records policy.

Hope this helps.

RandomAct

Thanks for all your help!