Procedure for Viewing Your Hospital Records

kissmequick

Anyone familiar with the process / procedure involved, or indeed their personal experience of viewing your Hospital Records. I know from a Data Access Website ya write off your request, I think it's stated that they send you out your records then? Is that correct? Would a Folder / File possibly costing a fair bit in postage actually be posted out to ya? Or do ya have to go somewhere to view them? If the latter, is there a limit on the time you can spend perusing the File? Are you allowed take your own written notes about stuff? Are you allowed photocopy anything?

Also it says on the Data Site, if the request is received by a non-Medical member of Staff, they will have to get permission from a Medical or more Senior member of Staff. Why is this? And what do they mean by non-medical Staff? I'm presuming Office-Staff that might be opening Post that aren't medically-secretarial Staff, would this be what they mean?

usernamegoes

You write to them with enclosing the fee of 6.35. Then within 40 days you get your files in the post no matter how big. There are some limitations but that's the general rule.

kissmequick

Thank you. I had meant to also ask how long does it take till you get to see File but you've answered that. Cheers.

Victor

Two important factors:

The medical staff will want to check that the notes are complete, correct and suitable for publication.

In certain cases, the medical staff may wish to deny access to certain information, e.g. where the patient might have an adverse reaction to receiving the information - psychiatric cases and people with bad tickers.

It may make sense to only ask for relevant information.

GoodLord

kissmequick wrote: »

Anyone familiar with the process / procedure involved, or indeed their personal experience of viewing your Hospital Records. I know from a Data Access Website ya write off your request, I think it's stated that they send you out your records then? Is that correct? Would a Folder / File possibly costing a fair bit in postage actually be posted out to ya? Or do ya have to go somewhere to view them? If the latter, is there a limit on the time you can spend perusing the File? Are you allowed take your own written notes about stuff? Are you allowed photocopy anything?

Also it says on the Data Site, if the request is received by a non-Medical member of Staff, they will have to get permission from a Medical or more Senior member of Staff. Why is this? And what do they mean by non-medical Staff? I'm presuming Office-Staff that might be opening Post that aren't medically-secretarial Staff, would this be what they mean?

Make a freedom of Information request . you do not have to pay anything. If not happy you can appeal to Information Commissioner

oscail1

Not quite on topic.

The Mater has asked in the past for a reason for deceased family requesting notes. There is no requirement to give a reason in the legislation and they should be told so firmly. I presume its just a fishing expedition on their part so they can identify potential litigation.

Also I am aware of a case where they asked for the death certificate of the deceased even though the death took place in their hospital. I know that they were sent a certificate that had so much detail blocked out that it was entirely useless, hence proving that they did not need it.

usernamegoes

oscail1 wrote: »

Not quite on topic.

The Mater has asked in the past for a reason for deceased family requesting notes. There is no requirement to give a reason in the legislation and they should be told so firmly. I presume its just a fishing expedition on their part so they can identify potential litigation.

Also I am aware of a case where they asked for the death certificate of the deceased even though the death took place in their hospital. I know that they were sent a certificate that had so much detail blocked out that it was entirely useless, hence proving that they did not need it.

I don't think the benefits of the Data Protection Act survive death.

oscail1

usernamegoes wrote: »

I don't think the benefits of the Data Protection Act survive death.

Its a Freedom of Information request not DPA.

usernamegoes

oscail1 wrote: »

Its a Freedom of Information request not DPA.

I didn't think you could make an FOI request for someone else's personal information.

oscail1

usernamegoes wrote: »

I didn't think you could make an FOI request for someone else's personal information.

It is possible under Section 28(6) of the FOI Act 1997.

usernamegoes

Very useful. Thanks.

oscail1

usernamegoes wrote: »

Very useful. Thanks.

Okey Dokey

drkpower

The right of a family to access the records of deceased relatives is not automatic. It only applies in certain circumstances (ie. probate). If one of those circumstances isn't relevant, the hospital can ask for a reason if the answer to that question allows them to determine if the records can be released.

fiona-f

Most hospitals have the request procedure detailed on their website. If it's your own record, then it is usually under Data Protection Act, which has very small fee. I was told I'd either have to collect in person or pay quite a lot in registered post - I rang to query this and was told postage would be waived as my reason for wanting my file was to inform subsequent medical issues in a different hospital.

oscail1

drkpower wrote: »

The right of a family to access the records of deceased relatives is not automatic. It only applies in certain circumstances (ie. probate). If one of those circumstances isn't relevant, the hospital can ask for a reason if the answer to that question allows them to determine if the records can be released.

For what its worth I am aware of one case where the next of kin requested files from 3 hospitals and the GP file from HSE.

For the hospitals they got no reason or virtually no reason. The HSE wanted more detail on what the relationship of the applicant was to the deceased. It was pointed to them they already had it and all the files were passed on.

They can make inquiries to establish you are a bona fide member of one of the 3 categories of person envisaged in section 28 (6) of the act but unless you volunteer that you are going to use the file for some nefarious purpose etc I don't think they can hold things up too much.

drkpower

oscail1 wrote: »

They can make inquiries to establish you are a bona fide member of one of the 3 categories of person envisaged in section 28 (6) of the act but unless you volunteer that you are going to use the file for some nefarious purpose etc I don't think they can hold things up too much.

That's not quite correct.

Unless you are one of the first two categories, which are very specific (ie. administering the estate/fulfilling a particular legal function), the only right of access to a deceaseds records is via category 3.

the spouse / former spouse, co-habiting partner / former co-habiting partner, or next of kin5 of the deceased, where, in the opinion of the head of the public body concerned, having regard to all the circumstances and any relevant guidelines published by the Minister, the public interest, including the public interest in the confidentiality of personal information, would on balance be better served by granting than by refusing to grant the request6

That requires the hospital to make a judgment as to whether releasing would serve the public interest better by granting than by refusing to grant the request. In order to make that analysis, of course the hospital are entitled to consider the reason the family want access to the records.

Fred Swanson

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