How do I access my medical records?

As previously discussed on this blog, when a client wishes to investigate a personal injury claim*, their medical records are a key element in building a case. Individuals are entitled to access their personal medical records and can do so in a number of ways. The most usual methods to access records are as follows:

1. By administrative access for records
2. Under the Freedom of Information Acts 1997 and 2003
3. Under the Data Protection Acts 1988 and 2003.
4. Via a court order for ‘Discovery’ in legal proceedings

The above methods have been discussed in detail in a previous blog by the author and can be accessed via https://cantillons.com/blog/item/HOW-DO-I-GET-ACCESS-TO-MY-MEDICAL-RECORDS-quest-/47

The purpose of this blog is to provide template letters as a guide for methods 1-3 above in order to assist individuals in requesting their medical records. You will see from each of the templates posted below that a certain amount of personal information needs to be filled in by each individual in order to allow the relevant medical authority to accurately identify the correct records. The information furnished should include your full name, your previous/current addresses, your date of birth, the time period that you were under their services and the relevant doctors or departments (if that information is available).

Proof of identity is also an essential requirement in this process as it protects each individual’s right to confidentiality by ensuring that the correct records are furnished to the correct patient. Therefore, it is essential that you include identification in your request for medical records, such as a copy of your passport or driving licence. You should also include a utility bill (e.g. a phone bill).

It is often the case that medical authorities will not only hold medical records in paper format. Records can also be held electronically i.e. radiology images on discs, videos of procedures carried out etc. Therefore, the body of each template states that your request is not confined to paper documentation and that you require records howsoever held, including electronically stored documentation.

1. Accessing Medical Records Administratively 
This simply means that one is seeking the records as a matter of administration without invoking any of the statutory rights which are considered below at points 2 and 3. This can be done by writing to the records department of the relevant hospital or agency. If you wish to make a request for your medical records the following template may be used as a guide:
click here to download

If you are refused access to your medical records administratively, you will have to make an application under the Freedom of Information Acts or Data Protection Acts.

2. Request for Medical Records under the Freedom of Information Acts 1997/2003
The Freedom of Information Acts (FOI Act) provides each individual with a right to access personal information, including medical records, held by public bodies covered by the Act. The FOI Act applies to the Health Service Executive and all voluntary hospitals and health agencies. It does not apply to private hospitals or private healthcare facilities. The FOI Act applies to records held by GP’s where the patient holds a medical card. The FOI Act does not apply to records held by GP’s regarding private patients. If you wish to make a request for your medical records under the FOI Act, the following template may be used as a guide:
click here to download

3. Request for Medical Records under the Data Protection Acts 1988/2003
Another avenue that can be pursued by a patient seeking access to their medical records is via the Data Protection Acts 1988 and 2003 (DPA). These Acts provide similar rights of access as the FOI Acts but the DPA do not apply to records of deceased persons. This avenue is more appropriate for patients who have been treated privately. If you wish to make a request for your medical records under the DPA Act, the following template may be used as a guide:
click here to download

4. Discovery
A party to litigation can seek a Court Order directing a hospital or doctor to discover (furnish) that party’s medical records.  Discovery may be made if the records are relevant to the litigation. It is an expensive and costly process.

Problems
If you have problems accessing your records or wish to investigate a medical negligence query contact us at Cantillons Solicitors at Cork  +353 (0)21 4275673 or Dublin +353 (0)1 264 1802 or email info@cantillons.com  if you would like more information.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork” or “no win no fee Solicitors Dublin”. This term can be misleading and it is essential that you discuss fees with the Medical Negligence Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent

Karen Kearney

Partner

Experience

In her twenty years as a practising solicitor, Karen has worked with a number of leading law firms in Limerick and Cork where she has acquired extensive experience in all areas of the law, with a particular expertise in medical negligence cases.

Karen has represented clients effectively in many forums including the District Court, Circuit Court, High Court, Employment Tribunals and Coroner’s Court. She has acted for, and advised, State Bodies in respect of all areas of the law to include childcare law; employment issues; food safety and health and safety issues.

Karen joined Cantillons Solicitors in November 2009 and works in the Medical Negligence Department practising clinical negligence litigation.  She is expertly assisted by Patricia Sisk and April Wiseman, Legal Assistants.

She is very proud to be a member of the medical negligence team which  has been involved in precedent-setting  cases since 1980 and which received the inaugural award of Litigation Team of the Year, National Irish Bank Law Awards in 2012.

Karen regularly attends international conferences in order to add to  her pool of her experts and ensure access to the world’s best. She is also regularly asked to speak at national and international conferences concerning medico-legal issues. She is a regular speaker at the annual Medical Law Conference; giving presentations on healthcare law, practice and procedure to employees in the healthcare section and fellow lawyers. This lecturing experience means that Karen has an excellent grasp of law in theory as well as in practice.

Karen has featured on national television and on local and national radio  in relation to this specialised area of medical negligence litigation.She has been commissioned to write opinion pieces on topical issues in the medical negligence area, published in national newspapers. Notably, she first highlighted in the Irish Examiner, the Minister for Health’s failure to introduce a statutory Duty of Candour-  a legal requirement for medical staff, nurses and management to tell patients and their families if a mistake has been made which adversely affects the patient’s health – despite the Minister’s promise to do so.

Karen also writes a weekly column in a local daily newspaper, the Evening Echo, addressing reader’s legal queries. This column  appears in Monday’s edition of the paper.

Karen has developed real expertise in her field and has shown great dedication in pursuing complex injury cases to settlement.

Karen gets referrals from patients nationwide. She represents her patients with determination and compassion.

Qualifications

• BCL Honours 1992
• Admitted to the Roll of Solicitors in Michaelmas 1996

Associations

• Former Secretary of Limerick Bar Association
• Former member of the Litigation Committee of the Law Society of Ireland
• Member of the Medical Injuries Alliance
• Member of Action Against Medical Accidents (AvMA)