Accessing Medical Records - And Notification

[Tim2323]

My daughter will shortly be involved in a court case as a victim.

The offender, and his family, are seriously concerned he will receive a sentence as a result of his actions. One of the offenders family members is a social worker and advising them. They have advised them to get a copy of my daughters medical records and in particular access to notes when she attended counselling (attended before the crime). We're not sure if the social worker will gain access to the records, or get the family's solicitor to do it.

My questions are

1/ Can the social worker access my daughters medical records?

2/ Can their family solicitor access the medical records?

3/ In relation to 1&2 if they can will it be full records or only records since the crime?

4/ In relation to 1&2 if they do will my daughter be notified?

[elanfan]

Your daughters medical records are private and cannot be accessed by anyone without her permission or yours if she is a minor. If a request is made you have to agree in writing and you can restrict any information given by stating you only agree to release information pertaining to the event and nothing else.

I'd have thought a court might ask for a medical report which is probably accessible to both sides. A social worker accessing any case in which they have a personal interest ought to lead to suspension and the sack!

Edited by elanfan on Wednesday 17th May 22:34

[jackh707]

As above, only your daughter (pending age) or guardian can provide consent for other people who are not health professionals relevant to your daughter to see her medical notes.

It's quite a tedious process to access your own medical notes.

If said social worker were to "accidentally" see your daughters records and pass on that information they would be in a whole world of trouble.

[CrutyRammers]

I agree with them. ^^^

[kowalski655]

Can only agree but it may be worth letting your GP know that NO disclosure is to be made without permission, just in case the relative tries a sneaky trick to get info.

[elanfan]

I'd also be considering reporting the Social Worker to her employers, raise your concerns and they'll doubtless investigate and as a minimum put a shot across her bows. Hopefully she'll withdraw her support for her scroaty relative once she realises her job is at risk!

[Riley Blue]

We've had a GP practice manager staying with us for a few days so I asked her. She confirmed that the social worker can't get access to anyone's medical records except her own.