Information act 2014

b.e.s.s.

Hi good people.

First of all please accept my apologies if I picked the wrong home for my question. If so, may moderator change to a correct channel please.

My daughter had a car accident a while ago. She had attended her gp for checks etc.
Now, she has opened a personal injury claim, but it's not moving anywhere.

She went down to her GP to get all her records and notes but was told that it is her solicitor who has to request it. Her solicitor is saying that he has requested her information from the clinic, but the clinic is looking for 350 euro for that.

I was wondering if this is legal at all and if a Freedom of information act 2014 can be applied in this situation?
Or should solicitor proceed with the request and simply add it to the case expenses?

Thank you in advance

Losty Dublin

FOI won't apply here as it covers Government departments, QUANGO's and some semi state firms. It doesn't cover private hospitals or surgeries or indeed a GP, though it covers medical records held in a public hospital.

What applies here is a Data Protection application, assuming that the GP isn't playing ball and producing what she wants the easy way. You shouldn't need a solicitor to do it either. Maybe you should ask the Medical Council for advice, they being an overseer of GP's.

b.e.s.s.

Thank you for taking time replying to my message. I'll certainly will look into this

b.e.s.s.

Also, could you clarify what do you mean by playing ball? Not quite sure. Thank you

Vetch

If your daughter is a medical card holder, FOI requests are possible: https://foi.gov.ie/can-a-person-get-access-to-their-records-from-a-general-practitioner-gp/

Data Protection applies regardless. FOI and Data Protection requests are usually both free for personal information. The organisation to which the request is made (under either legislation) essentially has a month to reply. As there's a solicitor involved, they should know all of this. You don't need a solicitor for either type of request.

Lenar3556

Unless there is some particularly unusual circumstances, the doctor is acting the mick.

Her records are personal data, she is entitled to copies of them under the data protection acts and the European general data protection regulations. She should ask the doctor to hand them over and desist with the messing.

The more formal route is that she write to him/her making a data subject access request for copies of the whole lot, of which he is obliged to provide within 40 days.

b.e.s.s.

Thank you for your help and the link . That is very good news.

b.e.s.s.

All this make me think. How come her solicitor is playing a fool here. Is it cause he doesn't see the prospect of the case or he really didn't know about data protection act? I am now questioning his accountability in this.

b.e.s.s.

In fairness, because of the accident, my daughter lost her job, she is now in arrears with her loan she took to purchase the car and get her insured and now, even it has been confirmed that it was not her fault she is at the square 1 with no car, no insurance but with a loan to pay off. This drives me nuts.

Vetch

b.e.s.s. wrote: »

All this make me think. How come her solicitor is playing a fool here. Is it cause he doesn't see the prospect of the case or he really didn't know about data protection act? I am now questioning his accountability in this.

I think it would be useful to check what this charge of €350 is understood to be for - is it for a copy of the records or might the doctor have been asked to write a report?

goose06

It's a medical report that is written and signed off by a doctor not your medical records that is being so requested, I had to do the same myself after lodging a claim against MIBI, the cost was recovered on successful completion of the claim as an expense incurred as a result of the accident so if you daughter is successful in her claim she'll get the money back. My report cost me €450, a bit of a joke, but I think it's done to put a barrier against people making claims/ false claims by making it expensive so they will only do it if they feel like they have a real case. Like I said if successful she should get it back.

b.e.s.s.

Quite easily maybe a report. Which makes sense then altogether. However, this is a lot of money for her as she is a single mother who lost her job partially because of the accident. But I need to confirm what is the charge for. Thank you

Darc19

Absolutely normal.

The solicitor is looking for a professionally written medical report that will accompany her claim to PIAB

€350 is reasonable as between checking records and writing the report, it will take 2-3 hours minimum.

It will not just be a couple of lines about her injuries but also about the diagnosis and recovery time and any long term prognosis and this has to be backed up too.

€500 is a figure which many charge.