Access to Records
- Created by: Lisa
- Created on: 08-12-12 16:17
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- ACCESS TO HEALTH CARE RECORDS ACT 2000
- All patients have the right to see their own records, reports, X ray films and electronically stored data under the Data Protection Act 1998 and the Access to Health Records Act 1990.
- Personal Representatives of deceased Patients and any person who has a claim arising from the patient's death may have access to the records under the Access to Health Records Act 1990.
- Patients can access their own health records by 1) they can make a formal request after leaving hospital or consultation whereby they can either receive a copy of the records or make an appointment to view the records at the hospital.
- The request must be made in writing by completing and returning an application form to the particular hospital/ trust. The trust has 40 days in which to complete most applications.
- 2) an informal request can be made by the patient at the time of consultation or during their time as an in-patient. In this case the patient can ask a doctor, nurse or other health care professional to show them what has been written about them, or to see their X rays or reports. The professional is allowed to show only their particular part of the record. This is called Informal Access.
- Under the Data Protection Act 1998, the following can have access to their records:
- The Patient
- A person authorised in writing to make an application on the patients behalf.
- A person with parental responsibility when the patient is a child under 16 years of age. however parents can't see what information has been given in confidence.
- A person appointed by the court to manage the patient's affairs because the patient is legally incapable of managing their own affairs.
- Where the patient has died, the patients representative and any persons who may have a claim arising out of the patients death.
- The applicant also has the right to :
- an explanation of any terms in the records they do not understand. e.g. technical language or terminology.
- To restrict access to all or part of their health record after their death.
- To make a formal complaint to the Chief Executive of the Trust, if the applicant feels that they have not been allowed to see their records.
- To make an application to the High Court if the applicant thinks that the holder of the record has failed to keep to the requirements of the act.
- The right to ask for any corrections to be made, if the professional agrees with what you say. If not then a note of your views must be included in to your health records. (A copy of the corrections can also be requested.)
- ACCESS TO PERSONAL FILES ACT 1987
- Act mainly covers records that involve housing and social services.
- Every service user has a right to see personal data about themselves, held on computer or paper.
- The Act provides a right of access to personal information about the client, held by public authorieis and private bodies.
- All patients have the right to see their own records, reports, X ray films and electronically stored data under the Data Protection Act 1998 and the Access to Health Records Act 1990.
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