Cecily Zamora
In the UK, individuals can access their medical records by contacting their GP surgery through email, phone, or in person. They may also access their records online through the NHS App or website. Solicitors or third parties can also request access to medical records on a patient's behalf through a Subject Access Request (SAR). Medical law reports in the UK can be obtained through medico-legal reporting agencies, such as Speed Medical, which provides independent medico-legal reports and expert witness services for both claimants and defendants. These agencies work with medical experts from various disciplines to produce comprehensive reports that meet clinical standards and legal requirements.
| Characteristics | Values |
|---|---|
| Medical Law Reports Provider | Speed Medical |
| Services | Medico-legal reports, expert witness services, clinical negligence reporting service, employer's liability reports, public liability reports |
| Specialisations | GPs, orthopaedic surgeons, and all other disciplines and specialisms |
| Years of Experience | Over 25 years |
| Number of Reports Produced Annually | More than 80,000 |
| Working Hours | Monday to Saturday, 8 am to 8 pm |
| NHS Health Record Access | Via the NHS App or by logging into your account on the NHS website |
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What You'll Learn
Requesting access to your own medical records
Under the Data Protection Act (DPA) 2018 and General Data Protection Regulation (GDPR), individuals have a legal right to apply for access to their health information, known as a "Subject Access Request". This includes requesting NHS or private health records held by a GP, optician, dentist, or hospital. It's important to note that medical records are typically not stored in a single centralised location, so patients must contact each NHS service provider that has provided them with treatment directly.
There are a few ways to request your medical records in the UK. If you want to access your health records from your GP, you can make the request directly to your GP surgery. They can provide you with a printed or digital copy of your records. When making the request, it's helpful to specify if you only need access to specific information, such as previous test results, as this can expedite the process. You may also need to provide proof of identity, such as a driving licence or passport.
Additionally, you can access your GP health record using the NHS App or by logging into your account on the NHS website. To create an account, you will need to verify your identity to ensure the security of your medical records. This process typically takes a few weeks, and your surgery will review your request to ensure there are no issues with disclosing the information.
In most cases, accessing your medical records is free of charge. However, there may be instances where an organisation charges a fee, and they should make you aware of this. If you believe your medical records are inaccurate or incomplete, you have the right to request amendments or corrections. You can apply to the Information Commissioner's Office (ICO) to make a complaint or have inaccurate records amended or destroyed.
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Independent medico-legal reporting agencies
One of the key advantages of engaging these agencies is their ability to provide specialist knowledge and resources. For instance, UK Expert Medical boasts a team that includes in-house nurses and midwives, enabling them to handle any volume of instructions across all medico-legal reports. They also emphasise their commitment to client care and regular updates, ensuring that their clients receive high-quality medical reports and favourable settlements.
Speed Medical is another prominent independent medico-legal reporting agency in the UK. They have been providing industry-leading medical reports for over 25 years, catering to both claimant and defendant solicitors and insurers. Speed Medical's clinical governance policies are overseen by a Clinical Advisory Board that ensures the examinations and reports adhere to quality, safety, and clinical standards.
Independent Health Care stands out for its dedication to providing useful information about medico-legal reports and expert witnesses. They assist claimants and law firms in obtaining medico-legal reports by leveraging their extensive network of experts. Moreover, Independent Health Care helps alleviate financial burdens by paying for reports upfront and deferring payment until the conclusion of the claim.
These agencies streamline the process of obtaining medico-legal reports, offering their expertise and support to solicitors and claimants alike. Their comprehensive services, including witness selection, report generation, and financial assistance, contribute significantly to the efficiency and success of legal proceedings involving medical aspects.
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Requesting a deceased person's medical records
In the UK, the Access to Health Records Act (AHRA) 1990 grants rights to certain individuals to access the health records of a deceased person. This includes written records made on or after 1 November 1991.
The personal representative of the deceased's estate (usually the executor of the will or administrator) can request access to the health records. If the deceased's last registered GP practice is closed, PCSE will process the request.
To make a request, you will need to contact the deceased's last registered GP practice. If you do not know the details of the last GP practice, you can request this information.
It is important to note that requests for access to medical records following a person's death can be complex. While the UK GDPR does not apply to deceased individuals, a duty of confidentiality still applies to their health and care records. Therefore, each request should be considered on a case-by-case basis.
In some cases, a medical examiner or the CQC may have a statutory right to access the records of a deceased person as part of an investigation into their death. Additionally, confidential information about a deceased person may be requested for research, service evaluation, or a national clinical audit under section 251 of the NHS Act 2006.
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Subject Access Requests (SARs)
In the UK, individuals have the right to access their personal data from any person or organisation that holds information about them, including their medical records, under the UK General Data Protection Regulation (UK GDPR). This right is exercised through a 'subject access request' (SAR). A patient can make a request for their information in writing, by email, or verbally. The request can be made to any part of the organisation and does not need to be directed to a specific person.
SARs also apply to records that are not held in a digital format. It is important to note that there may be parts of the clinical record that are not visible through online access methods, such as audit trails or internal messages between members of staff. Additionally, email communications held elsewhere within the practice that identify the patient will also fall under the remit of a SAR.
Individuals can authorise third parties, such as solicitors, to make a SAR on their behalf. Health and care providers releasing information to solicitors acting on behalf of their patients must ensure they have the individual's written consent. The request should be treated as if it came directly from the individual. The consent must cover the nature and extent of the information to be disclosed and who might have access to it as part of the legal proceedings.
There are a few circumstances where information may be exempt from disclosure under a SAR and would need to be redacted from the response. This includes information that may cause serious harm or distress to the requester or another person if released, identifies a third party, prejudices the prevention or detection of crime, or contains confidential employment data.
It is important to distinguish between SARs and requests made under the Access to Medical Reports Act (AMRA) 1988, which concern medical reports prepared for employment or insurance purposes. As part of the AMRA consent process, the individual must be informed of their right to see the report before it is sent or within six months after it is sent. For SARs, the interests of the third party should generally align with those of the individual.
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Accessing medical records via the NHS app
The NHS App allows patients to access their GP health records, which may contain sensitive information. Only people aged 16 or older will automatically have access to their records via the app. Those under 16 can be manually granted access by their GP if they are deemed sufficiently competent.
To view your record, log in to the NHS App or the NHS website and select 'GP health record' from the homepage or from the 'Your health' section. If you only have access to your summary record, you will be able to see a message informing you that you can request access to more information. Your summary record contains information about your medicines and allergies. From November 2023 onwards, most people will automatically be given access to more information added to their detailed GP record, including letters, test results, and appointment notes. If you only need access to something specific in your record, such as previous test results, you can let your GP surgery know, and they will consider your request, ensuring there are no issues with making the information available (for example, if it could put you or someone else at risk of harm).
When you download a document from your medical record, you become responsible for keeping it confidential. If you share your device or computer, or use a computer in a public place, other people may be able to access your health documents. It is recommended that you only download documents if you are the only person that has access to the device or computer you are using. If you use a shared device, delete any downloaded files after you log out.
It is important to note that only data entries added to GP records after the app's launch will be viewable. Previous medical history will not be available through the app at this time, unless you were previously granted full or partial record access by your GP practice. Additionally, while abbreviations are commonly used in patient records, their use should be limited to accommodate patient access. A list of abbreviations is available in the NHS App.
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