Before considering making a claim for compensation, you may want to find out more information about your medical treatment. You can do this by obtaining a copy of your medical records.
This is not essential before you contact us, but sometimes it can be helpful, particularly if you are not sure about the dates of your treatment. However, don’t let this delay you in speaking to us if you have any concerns about your medical treatment. It is better to speak to us sooner rather than later as there are usually certain time limits by when to pursue your claim.
Under the Data Protection Act 1998, you are entitled to request copies of your medical records. This can include any computerised medical records or even x-rays. There is usually a fee payable up to a maximum of £50. You will need to write to either the Practice Manager of your GP surgery or the Medical Records Department of the hospital where you have received treatment.
The same applies to your dental records or opticians records. You don’t need to advise why you are requesting copies of your medical records. You need to provide enough detail so that they can identify your records and the information you are seeking. Under this Act, disclosure of your medical records should take place within 40 days of your written request.
If you are seeking copies of your child’s medical records then you can seek disclosure on their behalf. If you are applying for copies of a relative’s medical records who does not have the mental capacity to do so for him or herself, then you can apply on their behalf. You may need to produce some evidence that you are acting on their behalf.
In the case of a deceased relative, you will need to apply under the Access to Medical Records Act 1990. If you are seeking disclosure of general practitioner records of a deceased relative then you will need to approach the Primary Care Trust holding them. They may raise a charge for the administrative costs of providing you with a copy of the records. You may need to produce evidence that you are the deceased’s personal representative or someone that would be a potential beneficiary if a claim was brought.
Heptonstalls are renowned for their expertise in medical negligence claims both regionally and nationally.
For more information contact our Medical Negligence team on 01405 765661.
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