Medical Records in UK Law

Leading Cases
  • AB & Others v Ministry of Defence (No 2)
    • Queen's Bench Division
    • 05 Junio 2009

    The Defendant's argument is that she had raised in her own mind (and indeed directly with her husband) the question of whether the tests could have had anything to do with the cancer that he developed. However, as it seems to me, her husband's adamant view that it was nothing to do with that would have to be conclusive on the issue unless there was clear evidence that she did not accept it and had been looking into the matter with vigour prior to his death.

  • Ashworth Hospital Authority v MGN Ltd
    • House of Lords
    • 27 Junio 2002

    In addition, Mr Brewster (information manager), in his statement, sets out the reasons why it is important that the authority should be able to identify the employee or employees who are responsible for the wrongful disclosure. Medical records will always be confidential but this is particularly important in the case of the class of patients that the authority is responsible for caring for at Ashworth.

    The situation here is exceptional, as it was in Financial Times Ltd v Interbrew SA [2002] EWCA Civ 274 and as it has to be, if disclosure of sources is to be justified. The care of patients at Ashworth is fraught with difficulty and danger. The source's disclosure was wholly inconsistent with the security of the records and the disclosure was made worse because it was purchased by a cash payment.

  • Fifield v Denton Hall Legal Services (A Firm)
    • Court of Appeal (Civil Division)
    • 08 Marzo 2006

    What the doctor writes down as having been told him by the patient, as opposed to the opinion that he expresses on the basis of those statements, is not at that stage evidence of the making of the statement that he records. Rather where, as here, the record is said to contradict the evidence as to fact given by the patient, the record is of a previous inconsistent statement allegedly made by the patient. First, if the statement is put to the witness, she may admit to having made it.

    First, a party who seeks to contradict a factually pleaded case on the basis of medical records or reports should indicate that intention in advance, either by amendment of his pleadings or by informal notice. When the area of dispute is identified, a decision will have to be taken as to whether the records need to be formally proved by either of the means referred to in §3 above.

  • Woolgar v Chief Constable of Sussex Police and Another
    • Court of Appeal (Civil Division)
    • 26 Mayo 1999

    What it then did was to "examine whether, in the light of the case as a whole, the reasons adduced to justify the interference were relevant and sufficient and whether the measure was proportionate to the legitimate aim pursued." The court noted that the information was "communicated by one public institution to another in the context of an assessment of whether she satisfied the legal conditions for obtaining a benefit which she herself had requested."

  • Berger v Eli Lilly & Company
    • Court of Appeal (Civil Division)
    • 28 Agosto 1992

    As we have said above, whether a claimant has knowledge depends both upon the information he has received and upon what he makes of it. Conclusions as to a claimant's state of mind will, we think, usually be more securely based upon inference from conduct in the known circumstances than from a claimant's later assertion as to how he now recalls his then state of mind as between, for example, belief or knowledge.

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Legislation
  • Children Act 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ......(e) the name and contact details of any person providing primary. medical services in relation to him under Part 1 of the National. Health Service ...(h) information of such other description, not including medical. records or other personal records, as the Secretary of State may by. regulations ......
  • The Air Navigation Order 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ....... (2) A full documented review of the aircraft records must be carried out to confirm that all scheduled maintenance, overhaul, ... (c) a medical attendant; . (d) the holder of a valid pilot's licence who intends to act ......
  • Registered Homes Act 1984
    • UK Non-devolved
    • 1 de Enero de 1984
    ......staff to be on duty in such homes;. .   . ( d . ) as to the records to be kept and notices to be given in. respect of persons received into ...mainly— . (i) by a medical practitioner for the purpose of. consultations with his patients;. . . ......
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ......2002/254 ). S-3 . Emergency arrangements concerning medical practitioners: Wales 3 Emergency arrangements concerning medical ... (c) requiring an employer to keep records in relation to payments of statutory sick pay in respect of incapacity for ......
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Books & Journal Articles
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Law Firm Commentaries
  • Freedom Of Information - Disclosure Of Medical Records
    • Mondaq United Kingdom
  • Weekly Data Privacy Alert – 24 November
    • LexBlog United Kingdom
    Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cyber Security team.  This week, the alert covers news from the UK, Germany, the US and Au...
    ...... and Australia, including: UK Pharmacist fined for spying on the medical records of family and friends Health Board ordered to improve privacy ......
  • Fraudulent insurance claims and private prosecutions
    • LexBlog United Kingdom
    The insurer AXA in the UK successfully brought a private prosecution for a fraudulent claim. The insured alleged that he had damaged his back in the course of his employment and claimed £100 000 ag...
    ......Medical records showed that the back injury pre-existed the date of the alleged ......
  • UK HR Solutions: How to deal with sickness absence
    • JD Supra United Kingdom
    Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical ...
    ...... promptly.Maintain regular contact with the employee, unless the medical evidence suggests otherwise. As far as possible, the same person should be ... Records should be stored confidentially and in accordance with the employer’s ......
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