{"id":1403,"date":"2021-03-15T17:53:59","date_gmt":"2021-03-15T17:53:59","guid":{"rendered":"http:\/\/jeremyd13.sg-host.com\/?p=1403"},"modified":"2023-08-25T09:36:50","modified_gmt":"2023-08-25T09:36:50","slug":"how-do-i-access-my-medical-records","status":"publish","type":"post","link":"https:\/\/cantillons.com\/blog\/how-do-i-access-my-medical-records\/","title":{"rendered":"How do I access my medical records?"},"content":{"rendered":"

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:<\/p>\n

    \n
  1. By administrative access for records<\/li>\n
  2. Under the Freedom of Information Acts 1997 and 2003<\/li>\n
  3. Under the Data Protection Acts 1988 and 2003.<\/li>\n
  4. Via a court order for \u2018Discovery\u2019 in legal proceedings<\/li>\n<\/ol>\n

    The above methods have been discussed in detail in a previous blog by the author and can be accessed via\u00a0https:\/\/cantillons.com\/blog\/item\/HOW-DO-I-GET-ACCESS-TO-MY-MEDICAL-RECORDS-quest-\/47<\/a><\/p>\n

    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).<\/p>\n

    Proof of identity is also an essential requirement in this process as it protects each individual\u2019s 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).<\/p>\n

    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.<\/p>\n

    1. Accessing Medical Records Administratively<\/strong><\/u>\u00a0<\/strong>
    \nThis 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:
    \n    click here to download<\/a><\/p>\n

    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.<\/p>\n

    2. Request for Medical Records under the Freedom of Information Acts 1997\/2003<\/strong><\/u>
    \nThe 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\u2019s where the patient holds a medical card. The FOI Act does not apply to records held by GP\u2019s 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:
    \n    click here to download<\/a><\/p>\n

    3. Request for Medical Records under the Data Protection Acts 1988\/2003<\/strong><\/u>
    \nAnother 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:
    \n    click here to download<\/a><\/p>\n

    4. Discovery<\/strong><\/u>
    \nA party to litigation can seek a Court Order directing a hospital or doctor to discover (furnish) that party\u2019s medical records.\u00a0 Discovery may be made if the records are relevant to the litigation. It is an expensive and costly process.<\/p>\n

    Problems<\/strong><\/u>
    \nIf you have problems accessing your records or wish to investigate a medical negligence query contact us at Cantillons Solicitors at Cork\u00a0     +353 (0)21 4275673<\/a> or Dublin +353 (0)1 264 1802<\/a> or email info@cantillons.com<\/a>\u00a0\u00a0if you would like more information.<\/p>\n

    * 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 \u201cno win no fee Solicitors Cork\u201d or \u201cno win no fee Solicitors Dublin\u201d. This term can be misleading and it is essential that you discuss fees with the <\/span><\/i>Medical Negligence Solicitor <\/span><\/i><\/a>you ultimately choose. At Cantillons Solicitors, we are entirely transparent<\/span><\/i><\/p>\n\n","protected":false},"excerpt":{"rendered":"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. 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Karen has represented clients effectively in many forums including the District Court, Circuit Court, High Court, Employment Tribunals and Coroner\u2019s 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. \u00a0She is expertly\u00a0assisted by Patricia Sisk and April Wiseman, Legal Assistants. She is very proud to be a member of the medical negligence team which \u00a0has been involved in precedent-setting \u00a0cases 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 \u00a0her pool of her experts and ensure access to the world\u2019s 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 \u00a0in 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\u2019s failure to introduce a statutory Duty of Candour- \u00a0a 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\u2019s health \u2013 despite the Minister\u2019s promise to do so. Karen also writes a weekly column in a local daily newspaper, the Evening Echo, addressing reader\u2019s legal queries. This column \u00a0appears in Monday\u2019s 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 \u2022 BCL Honours 1992 \u2022 Admitted to the Roll of Solicitors in Michaelmas 1996 Associations \u2022 Former Secretary of Limerick Bar Association \u2022 Former member of the Litigation Committee of the Law Society of Ireland \u2022 Member of the Medical Injuries Alliance \u2022 Member of Action Against Medical Accidents (AvMA)","url":"https:\/\/cantillons.com\/blog\/author\/karenkearney\/"}]}},"_links":{"self":[{"href":"https:\/\/cantillons.com\/wp-json\/wp\/v2\/posts\/1403"}],"collection":[{"href":"https:\/\/cantillons.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cantillons.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cantillons.com\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/cantillons.com\/wp-json\/wp\/v2\/comments?post=1403"}],"version-history":[{"count":0,"href":"https:\/\/cantillons.com\/wp-json\/wp\/v2\/posts\/1403\/revisions"}],"wp:attachment":[{"href":"https:\/\/cantillons.com\/wp-json\/wp\/v2\/media?parent=1403"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cantillons.com\/wp-json\/wp\/v2\/categories?post=1403"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cantillons.com\/wp-json\/wp\/v2\/tags?post=1403"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}