News roundup
New consent form designed for release of medical records
Clare Dyer legal correspondent, BMJ
The BMA and the Law Society have produced a new consent form for patients to
sign when asking, through a solicitor, for their medical records to be released.
The form is designed to ensure that patients give informed consent to the
disclosure of their records, amid concerns that patients bringing personal
injury legal claims may not always appreciate what they have given permission
for.
The BMAs head of science and ethics, Dr Vivienne Nathanson, said: "GPs
routinely say to us that solicitors ask for patient records but provide no or
insufficient evidence that their clients have actually agreed to this. Hopefully
the new form will let doctors know that the solicitor has explained the nature
and extent of the request for records and that the patient has agreed."
She added: "The form also asks solicitors to sign and confirm that they do
actually need the records. Doctors are concerned that lawyers routinely ask for
records without really thinking about whether they need them."
Notes for patients that accompany the form say that solicitors will normally
require all their medical records to see whether they include anything that
might affect their claim. The notes explain that this will include records of
almost all consultations they have had with health professionals and of
treatment undertaken.
If patients launch a claim, the notes explain, the court will be able to
order the release of their records to their opponents solicitor, in case any of
the information can be used to defend the claim.
Solicitors are told to explain to clients the implications of releasing their
records and to make sure they read the notes.
Notes for health professionals who receive a request tell them that they must
give the solicitor copies of full health records unless any of the exemptions
set out under data protection regulations apply. The main exemptions state that
information must not be released that would be likely to cause physical or
mental harm to the patient or another person or that relates to a third party
(other than a health professional) who would normally need to give permission.
The Law Societys president, Carolyn Kirby, said solicitors in England and
Wales would be encouraged to use the form. "The BMA and the Law Society are
introducing this form to raise standards. It is important that members of the
public, solicitors, and GPs are confident that confidential medical information
is being released with proper consent and for legitimate reasons."
The form is on the BMAs website at
www.bma.org.uk
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