Medical records

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terambulan | 14:07 Thu 22nd May 2008 | Family
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Our GP refuses to give me my deceased's husbands medical records? He says I should go thru a solicitor's request; this would incur extra expense for me. Do I have a right to these docs?


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No no-one has the right but the doc and the patient
sorry, your gp is right. You cannot request to see someone elses medical notes wthout their consent, and as your husband is deceased he is unable to give it. If you could, what woul be to stop you asking for mine to look at?
if you are wanting to make a complaint based on what is in them, you might want to try the NHS complaints system first: it's free. They will nvestigate and to do this THEY will look at the notes. If you go through a solicitor, yes there will be a charge
As next of kin to a deceased person, you can make an application to see their medical records. Why is your GP witholding them from you? Has he got something to hide?
Question Author
have no idia why doc is witholding docs.....I need proof of my husbands invalid status for legal purposes. Seems my word is not enough........all very odd?
Previous answers are not correct on this one - I know, 'cos I've done it. Just make an application, initially to the Practice Manager of your GP's surgery. If they still refuse, then go through your Local Health Board (in Wales) or Primary Care Trust (in England). Like I said, as next of kin to a deceased person, you have the right to see their medical records. bednobs - no -one apart from your next of kin can request your records when you die, so you've got nothing to worry about! (I'd have thought you'd have known that anyway.)
~The information is here: on/Informationpolicy/Patientconfidentialityand caldicottguardians/DH_4084411

Can a person have unlimited access to the health records of the deceased person?


If the deceased person had indicated that they did not wish information to be disclosed, or the record contains information that the deceased person expected to remain confidential then it must remain so. In addition the record holder has the right to deny or restrict access if it felt that disclosure would cause serious harm to the physical or mental health of any other person, or would identify a third person.
Quite right, Fay - of course, if the deceased person has previously said that they didn't wish them to be disclosed, fair play. Terambulan, have you asked your GP why they won't disclose the records? Sorry to ask at this sensitive time, but I'm assuming that you were actually legally married at the time of your husband's death and not"significant other"
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not doc asked me same question? How does one prove they're not divorced! We both live at the same address etc. Phoned my local NHS the confirmed my request can only be granted thru a solicitor. Maybe my deceased hubby died of aids or leprosy maybe even lunacy (for marrying me) or worse....whatever, too late for me to sorry whether I have same thru our 'cohabiting'! What a stupid situation.....after 40Y marriage & 3 kids. DONT GET MARRIED!!!!
terambulan, I really feel sorry for you. Not just because you've lost your husband (me, too, so I know what your going through!), but for the stupid red tape that you're having to contend with. I had absolutely no trouble getting my late husband's medical records - the practice manager photo-copied them for me at no charge and although I had to pay for his hospital records, again, there was no problem getting them. I wish you the best of luck in your quest and for the future. Love, K xx
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The trouble is Kleiber, my late husband said he had an 'inheritable desease'. Since I have grandchildren I need to know more, for their welfare. Alas, I will have to leave it since I just hit brick walls with all my enquiries. And I refuse to pay excessive ���s to the greedy docs. The docs are probably wrong with their prognosis.....mine seem to be. My doc complained he hadn't seen much of me! Fortunately I can cope myself with my twinges and dont believe in their annual internals and I ignore their appointments. As u have probably guessed I am a pensioner and have lost confidence in the medics.

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