13-08-09
Catherine Henry Partners Lawyers Newcastle
This fact sheet briefly explains how to access your health records.
What information should be in medical records?
Medical records should contain all a patient's important medical history.
The doctor should also record details of each consultation, including medications, procedures, tests and results.
How confidential are my medical records?
Medical records are confidential.
Information from these records should not be given to third parties (such as insurers, pathologists or other medical practitioners) without your written permission.
If your records are required at court, a subpoena must be issued before they are released
Who owns the medical records?
Medical records are the property of the doctor or practice but the patient has a right to the information. This is supported by state and federal legislation.
Why don't I own my medical records?
The records are the notes the doctor makes to assist with treatment. They are made by the doctor and are his/her property.
What happens when a doctor receives my request for medical records?
The doctor is required to respond to within a reasonable time. A written reason must be given to refuse access. If no response is forthcoming, the doctor is deemed to have refused access.
The request for access to medical records is best handled by a solicitor as the law is complex.
Does it cost any money?
Yes.
Most doctors will charge a fee for handling and copying records but this should reflect only the administrative costs involved.
When might my application be refused?
If the doctor believes releasing records might harm the patient, due to very confidential or distressing information, access may be denied. This decision can be challenged legally.
The patient can request the damaging records be released to another doctor of their choice.
What happens when a practice changes hands?
The doctor disposing of the practice should make reasonable efforts to ensure records are maintained by giving them to the patient or another doctor identified by the patient.
If the practice no longer holds these records contact the NSW Medical Board.
What if my doctor dies?
If your doctor dies, approach the estate and ask for records to be sent to another doctor.
How long is a doctor required to keep my records?
Records must be kept for at least:
- seven years for adults
- up to 25 years for children.
How can we help?
Medical negligence partner, Catherine Henry, can assist you with expert advice and legal support on your rights and options.
Catherine is highly respected in the health and medical litigation arena, with specialist knowledge accumulated over twenty years.
She has successfully pursued hundreds of claims against health care providers.
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