RE: Deceased Persons' Medical Records by Ibrahim - written 25/10/2007 14:50:54
Phil

If the deceased had expressed a wish not have their records disclosed and a note is on the file then I think access can be denied. See the relevant. See section 4(3):

"(3) Where an application is made under subsection (1)(f) of section 3
above, access shall not be given under subsection (2) of that section if the
record includes a note, made at the patient’s request, that he did not wish
access to be given on such an application."

On your other question. the Act states a claim arising out of the death of the deceased. By this I think it means someone suing you or someone else for causing the death of the deceased.

Hope this helps.

I am doing an article on this subject which will appear in the Law Society Gazette as well as this website. Sign up to my mailing list to be notified. Also please see my podcasts for more on access to deceased persons' records.

Regards


Phil Rogers wrote (22/10/2007 15:14:08):

Hi Ibrahim,

"Out-Law" recently published the following:-

A dead woman's medical records should not be released because a duty of confidentiality survives her death, the Information Tribunal has ruled. The decision backs an earlier ruling by the Information Commissioner.

However if the next of kin has a "claim" can he/she legitimately access the deceased records even though the deceased gave explicit instructions to the contrary when still alive? Also can you expand on what constitutes a "claim" and does it matter if the "claim" is against my organisation or any other organisation?

Also who can legitimately access the records if no "claim" is involved (e.g. is it only next of kin or can it be other familiy members?)and the deceased did not indicate whilst alive that he/she didn't want the records accessed.

Cheers

Phil



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