Court Order For Medical Records

[DaisyChain1980]

Having read this article about the law and medical records:

http://pb.rcpsych.org/content/28/2/53.full

Under what circumstances would a court require the medical records of the accused and does the GP have to comply.

Thanks

Daisy

[Buenchico]

Everyone is required to comply with a Court Order which affects them or their actions. GPs are not exempt. (However, before complying with such an Order, the relevant person may appeal against it. For example there have been occasions when journalists have been ordered to reveal their sources but they have successfully appealed against such Orders).

A court would normally only make such an order where there was a clear 'public interest' consideration, such as ensuring the proper administration of justice.

For example, someone working in a medical or care environment might sue their employer (or a former employer) claiming that they'd contracted HIV from a patient or client of that employer due to the employer not advising them of the risks and/or not providing adequate physical protection measures. If the employer suspected, but could not prove, that the litigant was HIV-positive before they had commenced such employment, the Court might require the litigant's medical records before adjudicating on the claim.

[Peter Pedant]

Great article on disclosure thanks Daisy
and Good answer from BC

You have mentioned accused - is this a criminal case ?

I mean the answer to do the courts require disclosure against the patients wishes is very very seldom - I know only of X v Egdell which is in the article.

In an anonymised case where it is alleged that a doctor hit a patient and he says he didnt - the only notes disclosed are those of the consultation. - and not all the other notes and certainly not the Hospital notes.....


From the GPs point of view if you have made it clear you dont want the notes disclosed, he will ring up his insurance legal company and then do what they tell him - which would be as a result of a court order and he would minimally comply.

Having said that - a doctor was raided and arrested at his surgery in the aftermath of the Bham bombs 1973 and they took all her clinical notes. Can't remember what happened there....

Hospital A+Es are obliged to report stabbings, shotgun wounds and I think terrorism injuries - and dont have a choice over that.

er andthat is about it

The article is really good and is worth a re read you may find your answers there