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Sun 21 May, 2017 10:49 am
I am needing to get access to medical records of someone who has died. This is my surgeon who operated on me, and now I am sueing the trust for which he worked. I want to know if his illness was present at time of surgery and if he was on meds at this time. Am I legally entitled to get copies? My solicitor is reluctant to go down this avenue
You don't say what country you are in. Your use of 'trust' and 'solicitor' suggests the UK. If that is right, this page may be relevant:
http://www.nhs.uk/chq/Pages/access-to-medical-or-health-records-of-someone-who-has-died.aspx
and this one...
https://www.kingsleynapley.co.uk/comment/blogs/clinical-negligence-law-blog/requesting-medical-records-after-a-death-where-do-i-start
Please note I do not have anything to do with Kingsley Napley solicitors, nor am I recommending them. I would suggest you talk this over more thoroughly with your solicitor and find out why he/she is reluctant to go down this route. For example, they may be trying to save you from expense that they know would be wasted. It isn't clear from your post if the dead person is a relative of yours, or a doctor who operated on you. If the latter, this could get very complicated.
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