Medical records?

[katie1]

Is there a legal way of getting hold of my Dads medical records that were submitted along with the CHC DST for the funding award? I would like to know what was written about my Dad during those first few weeks in hospital, that was submitted to the panel.
If we don't know then when it comes to the review in three months time, we won't know what they are basing their comments on.
I know it is possible to get records after someones death but whist about someone loving......even though he can't really give his convent. Although I do hold joint PoA and am his advocate on the recent DoLs that was taken out on the ward.
I just think we would be in a better position at the 3 month CHC review checklist etc if we knew the FULL details. I have asked the Transfer Co-ordinator (yet again) for a copy of the paperwork (the DST document) that was submitted and asked her if I could have the medical records and mental health report because they formed part of the submission, I was advised to request these from the ward who said they would pass the message on. Someone from the hospital rang and said it was not possible for me to have them because my father could not give his permission.

 

[jenniferpa]

When you say you have joint POA, do you have a Health and Welfare LPA?

 

[katie1]

When you say you have joint POA, do you have a Health and Welfare LPA?

Yes, me my brother and Mum have joint PoA for Finance and Heath and Welfare
But when I mentioned this (and said I could prove it by sending a copy of the PoA document) I still got the same reply.
I still maintain that if we are entitled to a copy of the DST then the med records plus the mental health report were submitted as evidence alongside it and therefore part of it.

 

[jenniferpa]

If you have a Health and Welfare LPA, then they are totally wrong. It's a bit more complicated if all you have is a financial LPA or an EPA (still doable but more time consuming). But as a H & W LPA attorney (I'm assuming this is registered?) it really is as if you are your father when it come to requesting records. You are dealing with idiots, frankly.

From the horses mouth

http://www.nhs.uk/chq/Pages/access-to-someone-elses-medical-or-health-records.aspx

I would request these records in writing.

 

[Kon Dealer]

Katie, what you need to do is get "Enduring Power of Attorney"- that can be tricky. If and when you do you have an absolute right to see these records.
Failing that try a Freedom of Information request.

 

[jenniferpa]

Katie, what you need to do is get "Enduring Power of Attorney"- that can be tricky. If and when you do you have an absolute right to see these records.
Failing that try a Freedom of Information request.

I think you may have misread the post. Katie already has a valid Health and Welfare LPA. The LPA superseded EPAs in 2007 (and an EPA did not, strictly speaking, offer anything other than the ability to manage finances).

 

[Saffie]

I only had Deputyship for legal and finance but was able to access my late husband's hospital files when I was preparing my evidence for CHC.
I sent a copy of my Deputyship document and said that I needed to view the records to fulfil my responsibility of protecting my husband's asserts. I could have had them copied but chose to avoid that expense and spent most of a day perusing them instead with a kind lady photocopying some pages.
It cost me nothing but sadly there was little to help the application as the CCG are only interested on how things are currently not how they were in hospital.
The GP was more reluctant to provide copies of their records without H&W LPA but I just wrote a similar letter to the Practice manager and received copies of all, as far as I am aware, of the notes and paid £15.

Sadly the full DST was cancelled at the last minute and my husband died before it was rearranged.


Sent from my iPod touch using Talking Point

 

[katie1]

Saffie
"the CCG are only interested on how things are currently not how they were in hospital."
thank you for the warning. This is precisely why I need to know how he was in hospital so that I can keep an accurate record or at least compare my nots to the hospital records that were submitted and the ones we will hopefully get from the nursing him in three months when the review happens.
I think they will of course only be interested in how he is then at the three month marker, but if we don't see tyne records from the hospital we don't know.
Thank you to everyone for the advice.
I am going to write a letter, Jenniferpa, to the legal team at the hospital containing that link and the information that we have registered LPoA for both Financial and Health and Welfare and if they require a copy of the certificate as proof they can get in touch!

 

[Kon Dealer]

I think you may have misread the post. Katie already has a valid Health and Welfare LPA. The LPA superseded EPAs in 2007 (and an EPA did not, strictly speaking, offer anything other than the ability to manage finances).

Sorry I did misread that Katie already had LPA. I have LPA for my mother and after asking "nicely" for records and getting nowhere, put in Freedom of Information requests. This did the trick.
Unfortunately it is my experience that you need to play "hardball" to get anywhere.

 

[Pete R]

Is there a legal way of getting hold of my Dads medical records.............

Just a couple of quotes from this site.....
https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/
.....which I posted on a previous thread when you asked before.

Google "Subject Access Request" and the name of your NHS Trust and hopefully it will direct you to a form to fill in. You do not have to use that form but it will probably help.

"Information that forms part of a health record about a living
individual is the personal data of the individual it relates to,
regardless of the form in which it is held. This means that a subject
access request (SAR) can be made for health records kept in
manual form, eg on paper or in GP’s medical notes wallets, as well
as for health records kept electronically."

"The Act does not prevent an individual making a subject access request via a third party. Often, this will be a solicitor acting on behalf of a client, but it could simply be that an individual feels comfortable allowing someone else to act for them. In these cases, you need to be satisfied that the third party making the request is entitled to act on behalf of the individual, but it is the third party’s responsibility to provide evidence of this entitlement. This might be a written authority to make the request or it might be a more general power of attorney."

 

[katie1]

Just a couple of quotes from this site.....
https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/
.....which I posted on a previous thread when you asked before.

Google "Subject Access Request" and the name of your NHS Trust and hopefully it will direct you to a form to fill in. You do not have to use that form but it will probably help.

"Information that forms part of a health record about a living
individual is the personal data of the individual it relates to,
regardless of the form in which it is held. This means that a subject
access request (SAR) can be made for health records kept in
manual form, eg on paper or in GP’s medical notes wallets, as well
as for health records kept electronically."

"The Act does not prevent an individual making a subject access request via a third party. Often, this will be a solicitor acting on behalf of a client, but it could simply be that an individual feels comfortable allowing someone else to act for them. In these cases, you need to be satisfied that the third party making the request is entitled to act on behalf of the individual, but it is the third party’s responsibility to provide evidence of this entitlement. This might be a written authority to make the request or it might be a more general power of attorney."

Thank you, That is what I did I wrote and put the link in that this comes from but was told to write to the legal department which is what Ive done (see above) I have included this link also---Its a bit annoying that its a battle!

 

[Pete R]

Thank you, That is what I did I wrote and put the link in that this comes from but was told to write to the legal department which is what Ive done (see above) I have included this link also---Its a bit annoying that its a battle!

Who was it that told you to write to the legal department?

 

[katie1]

Who was it that told you to write to the legal department?

The ward manager at the hospital where Dad has been for 8 weeks prior to transfer to Nursing Home. I addressed my letter to ward manager/matron
She rang and that was her advise.

 

[Pete R]

The ward manager at the hospital where Dad has been for 8 weeks prior to transfer to Nursing Home. I addressed my letter to ward manager/matron
She rang and that was her advise.

I would imagine going via legal will just delay your request even further and they will bounce it back to you.

All large organisations have departments that deal with information requests. No one else can do it. The correct address and form to use should be on the trust website. As I say google "Subject Access Request" or "Freedom of Information" along with the name of your trust and it should come up in the first couple of results.