Access To Medical Records

[shazpot134]

Hi,

Does the next of kin have any rights to access the medical records of a deceased person under the Freedom of Information Act or other act?
Thanks.

[LisaTalkingTots]

Does this help?
Can I get information about deceased people?

"The Data Protection Act only covers living individuals so there are no subject access rights to deceased people’s information.

You can request any recorded information under the Freedom of Information Act. However the Act is applicant blind so we must consider whether the information is suitable for release not only to you, but also the general public at large. In most cases it is likely that information requests about deceased people will be considered exempt under the Freedom of Information Act.

The Access to Health Records Act 1990 gives limited statutory rights of access to the health records of deceased people to certain categories of people. If you want to apply for access to a deceased person’s health record through this Act you need to approach the relevant health professional or healthcare provider who can make the decision whether to disclose these to you."

[LimeLegal]

You may also be able, under inheritance provisions to bring a claim in terms of medical negligence. As part of the investigation into the claim you can access the information, under court order if necessary, if the other means have been exhausted.

[shazpot134]

Many Thanks for your replies. I shall follow them up!