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Dáil Éireann debate -
Tuesday, 12 Dec 1989

Vol. 394 No. 4

Written Answers. - Medical Negligence Claims.

229.

asked the Minister for Health if he has any plans to introduce legislation which would enable persons contemplating medical negligence claims to have the right to discovery of their medical records and notes in advance of instituting such proceedings; and if he will make a statement on the matter.

The over-riding consideration in relation to access by a patient to medical records is that the confidentiality of the patient's medical records must be preserved. As a general rule, however, a hospital will make details of the relevant medical records available to the appropriate person concerned.

However, where legal proceedings are anticipated hospital authorities normally place these matters in the hands of their legal advisers.

The question of the need for legislation in this regard is a matter for my colleague, the Minister for Justice.

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