asked the Minister for Health if he will note a letter received from the Law Centre by Deputy Gay Mitchell; and if, in the circumstances, there is anything his Department can do to ensure that the hospital concerned provide the records so that a person (details supplied) in Dublin 12 who is in very tight financial circumstances can pursue a claim based on the medical evidence.
Ceisteanna—Questions. Oral Answers. - Provision of Medical Records.
12.
I have noted the letter referred to by the Deputy. I have had inquiries made of the hospital in question and I am assured by the hospital authorities that they are prepared to make the relevant medical records available to the patient's solicitor, with the consent of the patient concerned. However, the question of providing a medical report is strictly a matter between the patient and the consultant and I am not in a position to intervene in the matter.
Is the Minister happy with the situation that obtains where a consultant using hospital facilities provided by the State can refuse a poor person medical records or evidence appertaining to her condition so that she can make a claim to pay for some of the expenses she has incurred?
We should be clear about the situation. Medical records are the property of each hospital. The medical report is a private matter between the patient and the consultant concerned. The hospital concerned were approached regarding the matter and indicated that they were prepared to make the medical records available to the patient's solicitor provided the patient consented.
The Minister will be aware that the Free Legal Aid Board, who are the solicitors for the person concerned, have been trying to obtain the information available. Is the Minister happy that this consultant can do that and that consultants generally can do that?
The Free Legal Aid Board do not have power to seek possession of medical records or reports. The medical records are the property of the hospitals and they can only be made available provided the patient concerned agrees. The medical report is a private matter between the patient and consultant. Provided the patient gives total consent in writing to the hospital authorities the information can be transferred.