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Medical records

  • Published: Tuesday October 8, 2019
  • Category: Claims Support
  • Tags: claims,

If you or a loved one feel you have suffered as a result of negligent treatment, your Instructing Solicitors will require your written consent to request copies of your medical records in order to discern whether there is viable evidence to pursue a medical negligence claim.

 Why are my records needed?

When investigating a potential claim, it is vital that we can show that there is evidence to support any allegations against the healthcare provider. A first point-of-call, therefore, would be looking at what is written in the medical records.

Health records are a contemporaneous note of the treatment you have received and whilst, of course, your own recollections are essential to the case, your medical records serve as an important starting point.

 How long does it take to receive records?

Requesting and receiving records can often take a considerable amount of time, however recent changes in the law around Data Protection have meant that this process has sped up significantly.

Healthcare providers aim for disclosure of copy records within 40 days following receipt of the request.

When requesting records of a deceased person under Access to Health Records Act 1990, disclosure will usually take considerably longer.

 How much will it cost?

Thanks to GDPR, making requests for copies of your medical records is now free of charge. The only exception to this, will be if specific original scans or slides are required. Any expense incurred will usually come under After-The-Event insurance cover; to discuss funding or further information in this regard, please get in contact.