Medical Records

A family member requested their medical records from their GP recently and was refused.

Why can't a person in Ireland get their own medical records?

I remember asking for my blood type from my GP office a couple of years back and they also wouldn't tell me that.

Dempo1

It's a very complex process and not very straightforward. A person is absolutely entitled to their medical records it's all about how you request them. For example if a person changes GP, the new GP will request records be transferred, but I don't believe its possible just to ask a GP for all your medical records for a number of reasons.

If a patient is requesting records just for the sake of it, or for example a legal matter, Hospital records or a General Practitioner the requests are generally done through a FOI request via the HSE. It's also worth pointing out forms need to be filled in, photo ID and full details, Finally, an assessment will also be done in relation to how appropriate it would be to release certain information relating to certain illnesses , certain information may be deemed to sensitive to share with a patient, causing unnecessary harm, stress etc.

Re Blood Type, that's a little less complicated and why that wasn't shared , a mystery.

https://www.boards.ie/discussion/comment/117990097#Comment_117990097

Actually it is quite straightforward. You put your request in writing to your GP, include whatever information is required and copies of your records will be provided. GPs cannot request transfer of records, only the patient can do this.

Op, did your family member request their original, written records? They are not entitled to these, only copies.

Dempo1

https://www.boards.ie/discussion/comment/117991407#Comment_117991407

Perhaps , my own experience might better explain what I had to do, namely follow a FOI request through a regional hospital group office to get medical records for ongoing treatments in two separate hospitals and my GP (whom I might had excellent and always helpful) , the information required was in connection to an insurance Policy . Before I even considered bothering my GP, I researched the process and followed it to the letter.

The OP has stated quite clearly the GP has refused the request, I'm assuming because a process must be followed, they don't mention if GP advised on a process , just mention a blank refusal to release records.

I'm not saying your incorrect , but I do not believe its a simple as asking your GP for records as you suggest, but I'm always open to correction, just sharing my own experience. My point re transfer of records between GP's assumes patient has authorised such a transfer and discussed a move to new GP with their existing GP.

https://www.boards.ie/discussion/comment/117991466#Comment_117991466

What the op hasn’t clearly stated is the reason for refusal, this may simply be that correct procedure for request of records wasn’t followed.

Dempo1

https://www.boards.ie/discussion/comment/117991531#Comment_117991531

Point taken 👌

manonboard

A close friend of mine works in the office in James that deals with these requests.

Two things that come up are a lack of proper text in the request. To them, the request is work, and someone has to pay for it. They get lots of these are legal matters and are required self fund through payment for them. If you request under FOI, they cant charge nearly as much as they have a limited time to make sure you get your stuff.

The second biggest reason and quite common, is damaging information to the client. If the records hold evaluations from doctors/therapists/consultants. It could be damaging to the patient to get this information without it being redacted etc. Quite often, doctors make notes that inform other doctors of information about the client that the client would largely disagree with. Personality issues, mental health problems, dysfunctional behavior etc. These then tend to go to a board/supervisor to make a decision and often are only allowed be viewed in the company of a health care professional to limit damager to the client.

https://www.boards.ie/discussion/comment/117991613#Comment_117991613

Whether it’s FOI, or DP, the Hospital cannot charge the patient, there used to be a max €6.25 fee.

Dempo1

https://www.boards.ie/discussion/comment/117991613#Comment_117991613

Yes, these are issues I dealt with, In my own case the person within the hospital group I dealt with advised going the FOI route and I had two seperate form requests, one for hospitals (2) within the group and seperate one for GP. I was able to explain fully my reasons for the request all ligitimate and yes, was advised re certain sensitive info etc.

Took about three weeks and no charges applied.

My family member who requested this information did so for a legal issue to demonstrate injuries sustained and treatment received.

They are elderly and there was likely something lost in translation when they were explaining why they came away from the doctor's office without any documentation.

To anyone who has obtained their own medical information for legal purposes could you advise me how you went about it and would there be information you could link me to that would explain how to word and format the request and who to submit it to? Treatment was received from hospital and GP. The GP has copies of all treatment information as hospital sent it to them. Thanks.

Dempo1

https://www.boards.ie/discussion/comment/117992193#Comment_117992193

I'd have to say if it's a legal matter (possible personalinjury claim etc), could your relatives legal representative not make a request for information pertaining to the injuries you've outlined, I would have thought this would be normal practice in relation to disclosure from a litigation perspective. Your relative could give their solicitor 3rd party consent but obviously only if the GP Actually treated your relatives injuries pursuant to the information sought.

I've not ever had to request this type of info ,mine was to do with a life insurance policy. Maybe others had direct experience in relation to seeking medical info re an injury case.

AnRothar

My family member who requested this information did so for a legal issue to demonstrate injuries sustained and treatment received.

Clarification is probably needed.

Did your relative request a medical report on their injuries?

Or

Their just their records.

2 different things and they will elicit different responses from their doctor.

feelings

Requesting your personal GP medical records from your GP is easy enough. You request them under GDPR. It is free and your GP has very limited scope to refuse your request.

Article below will help:

https://www.icgp.ie/go/in_the_practice/it_faqs/gdpr/CD5E528A-F423-418F-B40F020D9D0364B0.html

Your GP must provide a reason for refusing to provide your medical records.

Lenar3556

This is really quite simple - An individual is entitled to have copies of all records made available to them on request.

The process is a data subject access request as provided for within the European General Data Protection Regulations and under Irish legislation. It’s not a request under the freedom of information act.

It is not permissible for the data controller to charge for providing the personal data - yes they may incur costs in extracting it, but such are the obligations of processing personal information.

The documented musings of medical professionals in relation to a individual being tested would also be disclosable.

There may be very limited grounds where a data controller may raise genuine concerns in relation to sharing certain records where it was considered that it may adversely impact the individual, but genuine cases of this would be uncommon and in any case would be subject to challenge.

The family member has sent in a subject access request form (GDPR) for documents relating to a specific relevant period. Thanks for all the advice.