At the time of court cases, patients often require access to medical records as the documents are incredibly relevant in court proceedings. Most of the time, it’s an uphill climb, especially when expecting cooperation from healthcare facilities. While some doctors’ offices and hospitals charge exorbitant rates to return those records, others cause significant delays.
Regardless
of issues, always remember that you have the legal right to draw your medical
records from healthcare providers. However, if you face challenges in availing
of them, you can always seek the legal assistance of medical negligence solicitors in Cork. For now,
let us focus on the provisions, based on which you can demand healthcare
providers to furnish you with the necessary medical records.
The Legal
Provisions, Making it Mandatory for Doctors/ Hospitals to Equip You with Medical
Records
The ones we
shall discuss now are rules every doctor or hospital has to abide by when
plaintiffs request their medical records. So, without further ado, let’s begin.
- Data Protection Laws
According
to GDPR, all healthcare providers must have accurate and updated records of
patients. When requested, they must share those medical documents with patients
and rectify incorrect information as soon as possible. This is incredibly vital
when claim solicitors inCork are involved in maximizing the compensation on behalf of a client
by establishing proper evidence of the injuries.
- Private Contracts
Instead of referring
to GDPR, you can seek medical records from a private healthcare provider by depending
on the terms of the contract laid down by the person in charge.
- Access to HSE Records
When a
patient seeks medical treatment from an HSE-approved nursing home, the publicly
funded healthcare system is bound by the law to provide you with the necessary
documents. You must contact the relevant department to get things rolling and receive
your medical records as early as possible.
No charges
are applicable on standard records. Only if you demand plenty of documents,
mostly sensitive information, all at once, can the HSE levy a fee, but that
must be reasonable too.
- The Freedom of Information Act 2014
This Act
mentions that all public healthcare providers must offer people access to
medical records requesting them. There are a few exceptions though. For instance,
certain bodies are exempted from this legal condition. Similarly, if the
release of records poses a threat to one’s well-being, public healthcare
providers may deny the help.
- Discovery
You can
also access your medical records through the discovery process. You may require
the assistance of a legal representative and your records must be relevant to a
court case for you to acquire them. You must wait for the court to issue the
documents before your medical provider releases them.
Expedite
Procurement of Medical Records by Hiring Medical Negligence Solicitors in Cork!
Despite the
laws set down by the Irish Court, fetching medical documentation can be
challenging. Moreover, not everyone knows how to make the legal provisions work
in their favour of them. A solicitor simplifies and lowers the wait time for
clients to get access to the necessary medical records. Breen Walsh Solicitors
have an extremely knowledgeable and experienced panel of claim solicitors in Cork
who can help you out in times of need.
