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Hospital Records - Deceased Relatives

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  • 16-12-2019 10:25pm
    #1
    Asitis2019
    Closed Accounts Posts: 296 ✭✭


    This is query

    How would I go about getting access to the full hospital records for my deceased father, who died in 1995?


    Thank you
    asitis2019


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    #2
    Breezer
    Registered Users Posts: 3,228 ✭✭✭Breezer


    Asitis2019 wrote: »
    This is query

    How would I go about getting access to the full hospital records for my deceased father, who died in 1995?


    Thank you
    asitis2019

    My understanding is that you would need to request these under Freedom Of Information.

    However, you do not have an automatic right to obtain the records. Your father’s right to confidentiality continues after death. You would need to have a specific reason for wanting to access the records, such as for legal purposes. If you are his next of kin, you may be allowed access in certain circumstances, but again there should be a reason.


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    #3
    Vorsprung
    Registered Users Posts: 2,814 ✭✭✭Vorsprung


    Be aware also that depending on the circumstances, the hospital chart may have been destroyed. There is a legal obligation to keep records for 7 years after death, though this period might be extended in certain cases. I don't know whether hospitals keep records for longer by choice.


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    #4
    Miike
    Registered Users Posts: 2,021 ✭✭✭Miike


    Vorsprung wrote: »
    Be aware also that depending on the circumstances, the hospital chart may have been destroyed. There is a legal obligation to keep records for 7 years after death, though this period might be extended in certain cases. I don't know whether hospitals keep records for longer by choice.

    Are all records not subsequently digitized after 8 years? I work in a niche area and it's done this way in my service however I couldn't say this is routine across the board.


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    #5
    Vorsprung
    Registered Users Posts: 2,814 ✭✭✭Vorsprung


    Miike wrote: »
    Are all records not subsequently digitized after 8 years? I work in a niche area and it's done this way in my service however I couldn't say this is routine across the board.

    I imagine most are, but it could be hospital dependent.

    My comment on 7 years relates to the legal position, but as you say hospitals may keep records on in some form for longer.


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    #6
    RobFowl
    Moderators, Science, Health & Environment Moderators Posts: 11,667 Mod ✭✭✭✭RobFowl


    I think the first way to go would be to apply under the FOI act directly to the hospital.
    Try that and see how it goes.
    If you are the closest relative then that might work.


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    #7
    Miike
    Registered Users Posts: 2,021 ✭✭✭Miike


    Bit of a late follow up but I've just done a medical law refresher;

    Death doesn't vitiate a persons right to privacy and confidentiality. You'd be hard pressed to get your hands on someones medical records, if not impossible without a legal basis for needing them ie. medical negligence claims (for which the statute of limitations has passed for your father).


    Just to add, I'm not a lawyer. I took the module for my own professional accountability.


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