A Complete Guide to Accessing Your Medical Records

Your Right to Access Medical Records

The Data Protection Act 2018 and the UK General Data Protection Regulation (GDPR) provide individuals with the legal right to access their health records. This includes records held by GP practices, hospitals, and other healthcare providers. You can request your own records, or act on behalf of someone else with their written consent or legal authority (e.g., a Power of Attorney).

A person with Parental Responsibility can apply for children’s records.

What Records Can I Access?

In most cases, you are entitled to access your full medical records, including:

• GP notes
• Hospital records
• Care home records
• Test results
• Imaging and imaging reports
• Clinical correspondence including referral letters
• Treatment notes
• Care plans

How are Medical Records useful?

Medical records provide a complete and accurate history of your health, diagnoses, and treatment. They help you understand any conditions you have, why certain decisions were made, and how your care is being managed. They also ensure continuity when you see different healthcare professionals, reducing the risk of mistakes or repeated tests.

In clinical negligence cases, medical records are crucial evidence they show what treatment was provided, when it occurred, and whether any errors or delays may have caused harm.

Are There Any Restrictions?

Yes. Records may be partially withheld if a healthcare professional believes sharing them could cause:

• Serious physical harm, or
• Serious mental harm

This is known as the “Serious Harm Test”. Only the parts of the record that could cause harm will be restricted.

Why Might I Need to See My Medical Records?

People request their medical records for a variety of reasons, including:

• You believe you received treatment you did not consent to
• You are considering a clinical negligence claim
• You feel your treatment was inappropriate and want a second opinion
• You want to make a formal complaint about your care
• You are concerned about the care of a deceased relative and need to review their treatment *

If you are considering a medical negligence claim, your medical records are often essential in assessing the case. Our specialist team can guide you through this process.

Do I Have to Pay for My Medical Records?

In most cases, no.

Medical records are usually provided free of charge. In rare situations, an organisation may charge a small administration fee, particularly if:

• The records are very extensive
• They need to be printed and posted

What Is a Subject Access Request (SAR)?

A Subject Access Request (SAR) is the formal process for requesting access to your data under UK GDPR and the Data Protection Act 2018.

You can make a SAR:

• Online
• By email
• In writing to your GP or hospital

Healthcare providers normally respond within 30 days.

Accessing a Deceased Relative’s Medical Records

You will be able to access a deceased relative’s records under the Access to Health Records Act 1990 if you are a Personal Representative of the deceased’s estate (i.e. an Executor or Administrator). The organisation holding the records will want to be satisfied that you are the Personal Representative before releasing records to you.

Accessing a Deceased Relative’s Medical Records

You will be able to access a deceased relative’s records under the Access to Health Records Act 1990 if you are a Personal Representative of the deceased’s estate (i.e. an Executor or Administrator). The organisation holding the records will want to be satisfied that you are the Personal Representative before releasing records to you.

What You Need to Provide:

• Grant of Probate or Letters of Administration
• Proof of identity (usually two forms)

If you are not the Personal Representative of the deceased but you believe you have a claim arising out of the death of the deceased, you may have a right to see the health records of the deceased where they are relevant to the claim. However, because the duty of confidentiality extends after death, an NHS organisation will not always grant access. Staff will need to take in to account any wishes expressed by the deceased before their death, or their Personal Representatives.

You should receive a response within 40 days of making a request under the Access to Health Records Act 1990.

When Records May Be Withheld

A deceased person may have stated that certain parts of their records must not be shared with anyone outside their healthcare team. Those sections will remain confidential.

How We Can Help

If you believe you or a loved one has experienced medical negligence, reviewing your medical records is often the first step. Our specialist team can:

• Help you request your records
• Review them for evidence of errors or delays
• Advise you on whether you may have a claim