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Criminal Defence. How To Obtain Medical Records?

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AlmondMilk | 10:59 Fri 30th Mar 2018 | Law
7 Answers
Hello,

What is the process for obtaining medical records that shows a person has attended A&E if they are the defendant in and assault case.

Many thanks,

Am
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well you are entitled to your own records
but I dont think this is the question.
alot of the time - you dont have the right to someone else's.

to get someone else's - you will need disclosure
that is - if you are or thingey is the defendant, then you are dependent on disclosure by the prosecution.

You really need a lawyer to deal with this - you know
[having assisted a defendant - the so called victims notes just sort of plopped thro the letterbox - but then he was accused of assault. ] - if it is relevant he can apply for it. [and yes everyone is aware that you may not know it is relevant until you see it]

I mean this is to show the victim didnt have much wrong with him isnt it?
Question Author
Thanks for the reply. It is for myself to show injuries I sustained rather than the victim stating it was a one sided thing.
then you need to apply to the hospital you were treated. It'll be on their website how to. Alternatively, they would have sent a copy to your GP surgery and you ca enquire there
Question Author
I mean what I’m asking is basically is there a way I can obtain a copy of my medical reports from when I attended A&E as this will support my defence. The police will obviously be obtaining the victims but they won’t get mine if it undermines their case. I spoke with my GP who advised me only police can request this...
Oh easy one - sozza
the hospital where you were treated
they will have a website and somewhere, there will be email address of the Data Controller for the Hospital

and you write a letter
Dear Sir, please can I have a copy of my medical records for XYZ - and ABC. This is a data access request. I am prepared to pay a charge. Please reply and supply within the statutory time.
Yours a victim

and bingo ! - out they come ....max cost a tenner I think

unclear ?
read this
https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/

They are NOT allowed to say: fill out this ten page inaccessible form and if you dont .... no data!

Question Author
Thank you, greatly appreciated.

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