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Accessing Medical Records

Under the Data Protection Act 1998, which was implemented on 1 March 2000 and Freedom of Information Act 2000, you have a right to obtain copies of your Medical Records.

If you have concerns involving the care of a living or deceased person you should request also to view the orignal notes held by the G.P. or Hospital.

Generally in the UK, any recorded information in the form of Health Records and Drug Charts should be kept legally for 7 years after a death. In the case of a child additional time must be allowed and Medical Records are usually kept for 21 years.

Click here to read an easy to read website from Alexander Harris Solicitor's, telling you how to access medical records

Click here to see what the Department of Health says about accessing Medical Records

The Health Records Act can be viewed here
Click here to read the Health Records Act 1990 in relation to obtaining Medical Records of a deceased person

The NHS can always use the clause in Section 5a(i)of the Health Records Act 1990 ie that "information likely to cause serious harm to the physical or mental health of the patient or of any other individual".

Added to this the NHS can use section 41 of the FOIA when trying to stop you from viewing Medical Records.

Section 41 of the FOIA states: “Information is exempt information if (a) it was obtained by the public authority from any other person (including another public authority), and (b) the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person.”

There is always a 'Get out of Jail Free Card' when the NHS do not want you to access Medical Records.

It has been proven in the case of Robbie Powell that the original Medical Records had been falsified.

Click here to read about Robbie Powell's case.

The 2006 Fraud Act has had 'some' effect on the common useage of falsifying of Medical Records.
Click here to view the 2006 Fraud at which became law on 15th January, 2007