How to Request Your Medical Records from the NHS: A Step-by-Step Guide
- Medico Legal Hub
- Oct 3, 2024
- 3 min read
If you think something went wrong in your NHS care and you’re considering looking into clinical negligence, having a copy of your medical records is an essential first step. Medical records provide a clear picture of your treatments, interactions with healthcare providers, and any potential mistakes, helping you understand exactly what happened.
Why Are Medical Records Important in Clinical Negligence Cases?
Your medical records are a crucial piece of evidence in any clinical negligence case. They contain information about diagnoses, treatments, medications, and procedures you received, as well as notes from healthcare providers that can help clarify what went right—or wrong. Reviewing these records can reveal any lapses in care or instances where the standard of care may not have been met.
Step-by-Step Guide to Requesting Your NHS Medical Records
Here’s a straightforward process for NHS patients looking to obtain their medical records:
1. Identify the Relevant NHS Trust or GP Practice
Your medical records are held by the specific NHS trust, GP, or healthcare provider where you received care. If you’ve received care from multiple NHS facilities, you may need to contact each one separately to request the full set of records.
2. Submit a Subject Access Request (SAR)
Under UK data protection law, you have the right to access your personal medical information through a Subject Access Request (SAR). To make a request:
Contact the NHS Trust, Hospital, or GP where you received treatment. Most NHS facilities have a designated contact for records requests, such as the Data Protection Officer or Medical Records Department.
Write a Clear Request: You can make your request in writing, by email, or by filling out any SAR form provided by the facility. In your request, include:
Your full name, date of birth, and NHS number (if available).
Details of the treatment or dates you’re interested in.
Contact information for follow-up.
3. Provide Proof of Identity
The NHS facility may ask for proof of identity to confirm your request. Typically, you’ll need to provide one or two forms of identification, such as a passport, driving licence, or utility bill, to verify your identity and prevent unauthorised access.
4. Expect a Response Within One Month
Once you’ve submitted your request, NHS facilities generally have one month to respond. They may extend this by an additional two months if your request is complex, but they should inform you if they need more time. You should receive a copy of your medical records in electronic or paper form, depending on your preference.
5. Review Your Records for Any Gaps or Errors
Once you have your medical records, carefully review them. Look for any gaps, unexpected information, or potential errors. Pay attention to details like treatment dates, medications prescribed, and notes from healthcare providers that may help clarify whether your care met NHS standards.
If you’re unsure how to interpret your records, a clinical negligence solicitor can help review them with you and identify any red flags.
Are There Any Costs for Accessing My Medical Records?
Under the General Data Protection Regulation (GDPR), NHS patients can access their medical records for free. However, if you request multiple copies or if your request is considered “manifestly unfounded or excessive,” the NHS may charge a fee to cover administrative costs.
What to Do If You Encounter Issues
If the NHS provider doesn’t respond within the required time or refuses your request, you have options:
Contact the Facility Directly: Politely follow up with the records or data protection department.
File a Complaint: You can submit a formal complaint to the NHS trust if you believe they’re obstructing access.
Contact the Information Commissioner’s Office (ICO): If you feel your request has been unfairly denied, the ICO can investigate and potentially enforce your access rights.
How Medical Records Help in Clinical Negligence Cases
Having a full copy of your medical records makes it easier to assess whether clinical negligence may have occurred. With these records, you can:
Verify the accuracy of diagnoses and treatments.
See any documented mistakes or oversights in care.
Identify missing follow-up steps or necessary aftercare.
If you’re considering a clinical negligence claim, a solicitor can review these records to determine whether you have grounds for a claim.
Need Help with Your Clinical Negligence Case?
If you have questions about accessing your records or suspect clinical negligence in your treatment, our team is here to guide you. Fill out the form below to contact us with details about your scenario, whether you’ve faced delays, unexpected complications, or unclear follow-up information. We’ll provide guidance specific to your situation and help you navigate the process with the support you need.
Understanding your medical history is a vital step in moving forward. Contact us today to get assistance with your clinical negligence queries and take the first step in understanding your treatment journey.
