Consent Form Releasing Health Records Under The Data Protection Act 1998 (Page 2 of 2) in pdf

Notes for the client

If you find out at any stage that the medical records contain

information that the client does not know about (for example,

Your health records contain information from almost all

being diagnosed with a serious illness), you should discuss this

consultations you have had with health professionals. The

with the health professional who provided the records.

information they contain usually includes:

Unless your client agrees otherwise, you must use his or her

•

why you saw a health professional;

health records only for the purpose for which the client signed

•

details of clinical findings and diagnoses;

this form (that is, making his or her claim). Under the Data

•

any options for care and treatment the health professional

Protection Act you have responsibilities relating to sensitive

discussed with you;

information. The entire health record should not be

•

automatically revealed without the client’s permission and you

the decisions made about your care and treatment,

including evidence that you agreed; and

should not keep health records for any longer than you need

•

them. You should return them to the client at the end of the

details of action health professionals have taken and the

claim if they want them. Otherwise, you are responsible for

outcomes.

destroying them.

By signing this form, you are agreeing to the health professional

Notes for the medical records controller

or hospital named on this form releasing copies of your health

records to your solicitor or agent. During the process your

This form shows your patient’s permission for you to give copies

records may be seen by people who are not health

of his or her full GP record, and any hospital records relating to

professionals, but they will keep the information confidential.

this incident, to his or her solicitor or agent. You must give the

solicitor or agent copies of these health records unless any of

If you are making, or considering making, a legal claim against

the exemptions set out in The Data Protection (Subject Access

someone, your solicitor will need to see copies of all your GP

Modification) (Health) Order 2000 apply. The main exemptions

records, and any hospital records made in connection with this

are that you must not release information that:

incident, so he or she can see if there is anything in your

records that may affect your claim. Once you start your claim,

•

is likely to cause serious physical or mental harm to the

the court can order you to give copies of your health records to

patient or another person; or

the solicitor of the person you are making a claim against so he

•

relates to someone who would normally need to give their

or she can see if any of the information in your records can be

permission (where that person is not a health professional

used to defend his or her client.

who has cared for the patient).

If you decide to go ahead with your claim, your records may be

Your patient’s permission for you to release information is valid

passed to a number of people including:

only if that patient understands the consequences of his or her

•

the expert who your solicitor or agent instructs to produce a

records being released, and how the information will be used.

medical report as evidence for the case;

The solicitor or agent named on this form must explain these

•

issues to the patient. If you have any doubt about whether this

the person you are making a claim against and their

has happened, contact the solicitor or agent, or your patient.

solicitors;

•

the insurance company for the person you are making a

If your patient is not capable of giving his or her permission, this

claim against;

form should be signed by:

•

any insurance company or other organisation paying your

legal costs; and

•

a ‘litigation friend’ acting for your patient;

•

any other person or company officially involved with the

•

someone with ‘enduring power of attorney’ to act for your

claim.

patient; or

•

a receiver appointed by the Court of Protection.

You do not have to give permission for your health records to be

released but if you don’t, the court may not let you go ahead

You may charge the usual fees authorised under the Data

with your claim and, in some circumstances, your solicitor may

Protection Act for providing the records.

refuse to represent you.

The BMA publishes detailed advice for doctors on giving access

If there is very sensitive information in the records, that is not

to health records, including the fees that you may charge. You

connected to the claim, you should tell your solicitor. They will

can view that advice by visiting

then consider whether this information needs to be revealed.

Notes for the solicitor or agent

This form is published by the Law Society and British

Medical Association. (2

edition, October 2004)

Before you ask your client to fill in and sign this form you should

explain that this will involve his or her full health records being

released and how the information in them may be used. You

should also tell your client to read the notes above.

If your client is not capable of giving his or her permission in this

form, this form should be signed by:

•

your client’s litigation friend;

•

someone who has enduring power of attorney to act for

your client; or

•

your client’s receiver appointed by the Court of Protection.

When you send this form to the appropriate records controller

please also enclose the authorised fees for getting access to

records.

Consent Form Releasing Health Records Under The Data Protection Act 1998 Page 2

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