Should I be able to have a copy of my medical records sent directly to me?

Question

I want my medical records sent to me from my previous gp, but they told me they cant send them to me, only to another gp....Is that legal? I thought I had the right to my own information...?

I am from NSW Australia

Answer 1

In Australia you have a right to access all information held about you (within reason) which generally includes medical records. You may or may not need to file a FoI (Freedom of Information) application (be warned as this does incur a fee). Sometimes there may be a restriction on access - for instance you may not be able to retain copies, or only view under supervision). In some circumstances, it may be impossible to access such information by law, however this may not apply to medical information (it normally only applies to industries where illegal activities may occur). You may also have to pay a small fee for access - ie; copying fee etc.

In relation to them sending it to a new GP, they may be concerned if it is sent through you, the files may be lost (hence the directness). By law, at least in some states of Australia, medical records have to be kept for 7 years - if lost there may be serious penalties. As such they may not want to risk this occuring.

My advice would be to write a formal letter requesting access. State that you only need copies, not the originals, or you're happy to view them whilst on the premises etc. If they still do not respond make a formal complaint and seek legal advice.

Answer 2

Assuming that Oz is anything like the UK that would be correct. You will have a right now to view your records (in order to ensure they comply with data protection laws - normally that the information is correct and not excessive for purpose and not freely disseminated). However you are unlikely to have the right to receive your medical records.

The reason for this are many fold but mainly to ensure that they aren't tampered with by any unauthorised/unqualified person and that accurate records are held for the purpose of any legal investigation.

You may depending on the local data protection and medical legislation be entitled to be sent a copy of the originals, but i very much doubt you'd be entitled to the originals themselves.

Answer 3

It's called the "freedom of information" act, and you absolutely, if you live in the US, have the right to your own medical records. If they told you that, I suggest you call back and mention the act, and if they're still stubborn, get a lawyer and sue the hell out of them for violating your rights.

Answer 4

when you contact them again tell them you need a copy for your new gp but give them your address as address to send your records to

Answer 5

The answer is ENTIRELY dependant on the law of your Country / State / Province, and you don'y say where you are.

Richard