1. A solicitor requests access to a patient’s medical records from your practice under the Data Protection Act. They have the patient’s signed consent and the solicitor confirms that they are willing to pay any fees if necessary. The solicitor does not require you to send a copy of the records. The patient was last seen in the practice nine months ago. How much can you charge to allow the solicitor access to the record at the practice?
A. No charge can be made; you should allow access for free.
B. You can charge a maximum of 10p per page in the notes.
C. You can charge a maximum of £10.
D. You can charge a maximum of £50.
E. You can charge a maximum of £75 per hour taken to prepare the notes.
Answer: C. You can charge a maximum of £10. Under the Data Protection Act 1998, a patient can request access to their own records. A solicitor acting on behalf of the patient should also be granted access if they have the patient’s consent. You can charge a maximum of £10 for allowing access at the practice, or £50 for providing a copy of the paper records. This question relates to access at the practice, so the maximum charge is £10.
2. A patient requests access to his medical record under the Data Protection Act in writing. He has included the required fee. His medical history is quite complex and he has two volumes of paper notes as well as numerous computer entries. What is the deadline by which you need to provide access to the records?
A. 10 working days.
B. 14 calendar days.
C. 28 calendar days.
D. 40 working days.
E. 40 calendar days.
Answer: E. 40 calendar days is the usual maximum time period by which you need to deal with the request under the Data Protection Act. Within the NHS, the current guidelines from the DH recommend that queries should be dealt with within 21 days, but the Act allows a maximum of 40 calendar days. In this case, the patient has included the relevant fee, so the 40 days begins from the date the letter was received. If the fee is not included, you can contact the patient and request the fee before you start dealing with the request.
3. The son of a recently deceased patient requests access to his father’s medical records as he feels the surgery may have been negligent. He wishes to take legal action against the partners that treated his father. He is the next of kin. Which ONE of the following statements is correct?
A. He does not have a right to access his father’s records.
B. He has a right to access his father’s records under the Data Protection Act 1998.
C. He has a right to access his father’s records under the Access to Health Records Act 1990.
D. He has a right to access the records under the Freedom of Information Act 2000.
E. The surgery does not need to provide access as he is planning to take legal action.
Answer: C. He has a right to access his father’s records under the Access to Health Records Act 1990. The Data Protection Act only allows access to a living patient’s records. The Access to Health Records Act governs access to the records of someone who is deceased. Under this act, the next of kin, or the executor of the estate of the deceased patient can request access to the records. They need to state if they are planning to take legal action, but this cannot be used as a reason to deny access. The timescales and charges are similar to the DPA 1998. The Freedom of Information Act applies to information held by public bodies, NOT individual medical records.
Dr Mahibur Rahman is the medical director of Emedica, and works as a portfolio GP in the West Midlands. He is the course director for the Emedica AKT and CSA Preparation courses, and has helped hundreds of GP trainees achieve success in their MRCGP AKT and CSA examinations. MPS members can get a £20 discount off the Emedica MRCGP courses. Details of the courses are available at www.emedica.co.uk