Does anyone know about access to medical records?

[MotherJack]

My doctor has refused to let me have access to a specific letter written by my son's neurosurgeon as I told her that the neurosurgeon was not happy to let me have a copy of the letter as it might frighten me.

I doubt very much it would frighten me - it changes nothing about the condition he has and just discusses the issues he faces, but is extremely technical.

She has said that because the letter is not "theirs" i.e. they have been copied in and it wasn't generated by them, and the fact that the neuro doesn't want me to see it means that she won't let me have a copy.

Does she have right to deny access to my sons medical records? I have had a look at the act and it says that information may be witheld if it is likely to cause serious harm to the physical or mental health of the patient or of any other individual. It's not, and there is no reason to say it might. I'm not frightened of words!

Does she have a right to withold it because it wasn't written by them?

I would appreciate any input. Thanks!

I would have said if it contains your son's medical details then he (you) are entitled to see it.

You would have thought so, yes Stealth! Any ideas who I should go to?

I haven't, TAOB. I only know the acronym as a financial term! What is it?

You would probably be better to make the request to the medical records department of the trust that the nuerosurgeon works for. They will have a copy in your sons case file.

Ahhh - just spotted it - Information Commissioners Office. Will try them - thanks!

I've been direct to the neurosurgeon Stripey - won't they just go to him to ask for permission? Part of me doesn't want to look like a neurotic mum....

They will ask the nuerosurgeon, and will need to check that the letter doesnt contain any information about third parties. The nuerosurgeon might be more willing for you to have a copy of the letter of you approach things officially.

I could try that then - thanks!

I'm just looking a the Data Protection Act so I know all of my rights pertaining to this. Am I confused (very possibly!!) or does that only allow for only a description of the information held rather than an actual copy?

I would phone the Medical Records department of the neuro's Trust as recommended above. I had no problems getting hold of mine (photocopying charge).

They have to have clear and specific reasons to give you as to why you can't have a copy. Be a neurotic mum, your doctor isn't dealing with this very well.