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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 BMA’s 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 opponent’s 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 Society’s 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 BMA’s website at www.bma.org.uk