PIP IMPLANTS - HOW TO ACCESS RECORDS
In light of the recent concerns surround the PIP implants; there have been reports of patients having difficulties in obtaining copies of their medical records or confirmation of the type of implant that they have received.
The entitlement for a patient to access their medical records is regulated through statute and, whilst there are exceptions in certain specific circumstances, a request for medical records cannot be refused.
There is legal obligation to respond to a reasonable request for information within 40 days under the terms of the Data Protection Act 1998. Some institutions will respond sooner, however, there is no compulsion on them to do so. Failure to respond would open a route to pursue a request via the Courts as a “pre-action disclosure”. If that becomes necessary then the costs of making the application can be recovered from the party that has failed to provide the record.
Where there are concerns in relation to a medical device, as with the PIP implants, additional information can be requested to enable you to identify the manufacturer of the implant, which would include details of the batch number for the product and details of the party that supplied the product to the clinic. Under the Consumer Protections Act 1987, the clinic is primarily liable for a defective implant that they have inserted, unless, they can identify the supplier of the product to them (or the actual manufacturer). It is therefore in their interests to provide details of their supplier and/or the batch number at the earliest opportunity.
We have prepared an outline letter to clinics below which can be used when making requests for medical records:
Dear Sirs
Medical Records request relating to PIP implants
I am writing to request details from you in relation to my previous treatment at your clinic when I underwent breast implant surgery.
The surgery was performed on {date of surgery}
The treating doctor was {name of treating doctor}
The specific information that I require from you is as follows:
1. Confirmation of the Manufacturer of the breast implants;
2. The date the implants were supplied to you; and
3. Confirmation of the batch number of each implant used.
Please provide this information in writing and treat this as a formal request for pursuant to the Data Protection Act 1998 and the Consumer Protection Act 1987. Under the provisions of those Acts I would be grateful to receive your response as soon as possible but no later than 40 days of the date of this letter.
I look forward to hearing from you.
Yours sincerely,
* * *
For more information please contact us on 0800 073 0385 (0151 257 6000) or by email at FRT@goodmanslaw.co.uk
The team have many years experience of claims of this nature and are always happy to help and advise.
Our First Response Team is available from 8am to 8pm every business day.
Goodmans Law are specialists in dealing with clinical negligence and personal injury claims.
