Duplicate Sick Notes from Your GP, Can they refuse ??

xxxcarriannxxx

Firstly, this is my first post on this site so hoping its in the right place!

Ok, so I have been on sick leave for a few months from my job and have had quite a number of sick notes from my doctor. I have had quite a traumatic few months and although I have tried to photocopy most of the notes before posting to my employer some have slipped the net.

I am currently fighting a legal case and my solicitor has asked for copies of all sick notes, as I am claiming for a loss of earnings as part of the case against the third party, so after searching the house today I am missing a few. I telephoned my doctor today, spoke to her direct and asked for duplicate copies and after arguing with me on the phone she refused on the grounds she is too busy to be making copies!!! Is she allowed to do this ??? It has really angered me as they are medical documents about myself so surely I should be allowed access to them right ?? Does anyone know anymore on this and can offer some advice please, I am thinking of telephoning again tomorrow and speaking to a different doctor but think I may be wasting my time, I am also going to try telephoning my employers pay roll department and asking if they possibly would send me duplicate copies but have a feeling they are going to tell me to go to my doctor ...

Any advice appreciated, thank you guys

OneYorkshireLass

I successfully got copies from my employer's HR department when I asked for them. I didn't tell them why, I just asked directly.

Welcome to MSE

RoxRoxBling

How could your doctor give you duplicate copies when a sick note is usually written by hand and that's the only copy..
How about just asking your doctor for a letter that gives the dates that you were given a sick note?

[Deleted User]

post #2 seems to be the answer

luxor4t

RoxRoxBling wrote: »

How could your doctor give you duplicate copies when a sick note is usually written by hand and that's the only copy..
How about just asking your doctor for a letter that gives the dates that you were given a sick note?

My GP was happy to do this, on payment of the appropriate fee - this is standard practice.

acanthus_2

I agree with RoxRoxBling, and that your GP is probably correct that she may refuse.

1. Issuing of sick notes (Med 3s) is covered by the GP contract, and are issued for Statutory Sick Pay and Social Security purposes only. It says this at the top of every Med 3. You're making a civil claim and your GP isn't obliged to issue new or duplicate old Med 3s for this purpose.

2. As RoxRoxBling says, you can't be entitled to a copy of a document where the only copy was given to you. Your GP doesn't have copies to issue. The Data Protection Act (DPA) only covers data actually held.

3. You are entitled to view data held about you under the DPA, and almost all practices will ask you to make such a request in writing. GPs may charge £10 to provide this data, plus photocopying charges to a statutory maximum total of £50.

Very likely the record may contain the information you want.

Little_Mo_70

xxxcarriannxxx wrote: »

Firstly, this is my first post on this site so hoping its in the right place!

Ok, so I have been on sick leave for a few months from my job and have had quite a number of sick notes from my doctor. I have had quite a traumatic few months and although I have tried to photocopy most of the notes before posting to my employer some have slipped the net.

I am currently fighting a legal case and my solicitor has asked for copies of all sick notes, as I am claiming for a loss of earnings as part of the case against the third party, so after searching the house today I am missing a few. I telephoned my doctor today, spoke to her direct and asked for duplicate copies and after arguing with me on the phone she refused on the grounds she is too busy to be making copies!!! Is she allowed to do this ??? It has really angered me as they are medical documents about myself so surely I should be allowed access to them right ?? Does anyone know anymore on this and can offer some advice please, I am thinking of telephoning again tomorrow and speaking to a different doctor but think I may be wasting my time, I am also going to try telephoning my employers pay roll department and asking if they possibly would send me duplicate copies but have a feeling they are going to tell me to go to my doctor ...

Any advice appreciated, thank you guys

As far as I know sick notes are issued from a tear off pad and copies are not kept. However a record will be kept in your notes of each med.certificate issued together with the date. You have the choice then of contacting your employer (who should have the originals) or write to your surgery's practice manager. Explain the situation and ask for copies of the relevant pages on your notes which state when the missing certificates were issued. There is normally a charge but explain the circumstances. Just out of interest your solicitor may already have your authorisation to release your med.notes to other side in which case they will find all the info. they need about the sick notes.

Doctors are very, very busy people and are bogged down with mountains of paperwork which, although being part of the job reduces the time they have to provide medical care to their patients. I think you perhaps caught her at a bad time.