Accessing a 'deceased' medical records (by a family member) - Claim Evidence needed ?

katesheet

If somebody has passed away, due to some medical negligence from a hospital, and a negligence claim is considered to be done.


If a member of the deceased family want to require access to the health records from the deceased, by filling in the form, and paying the fee,

They require evidence of the 'claim'

"If you have a claim arising from the patient’s death you are required to send documentary evidence to support this."

"enclosed proof of my identity and documented evidence of my claim"

What kind of evidence is this referring to?

(Lets say that the claim has already begun, and is 'lodged' in court)

Then what kind of evidence is this referring to? (which will have to be sent with the forms)

g6jns_2

katesheet wrote: »

If somebody has passed away, due to some medical negligence from a hospital, and a negligence claim is considered to be done.


If a member of the deceased family want to require access to the health records from the deceased, by filling in the form, and paying the fee,

They require evidence of the 'claim'

"If you have a claim arising from the patient’s death you are required to send documentary evidence to support this."

"enclosed proof of my identity and documented evidence of my claim"

What kind of evidence is this referring to?

(Lets say that the claim has already begun, and is 'lodged' in court)

Then what kind of evidence is this referring to? (which will have to be sent with the forms)

Surely you tried to resolve matters with the hospital first? Going to court is a final thing to do after all other avenues have been explored.

rogueylawyer

I'm a bit late to this but OP evidence is not required. Usually you will investigate a claim by accessing the medical records and under s3(1)(f) of the Access to Health Records Act the authority are required to provide the records and not assess the viability of otherwise of your claim. The act reads 'any person who may have a claim arising'. I would refer to s3(1)(f) and return the forms without additional paperwork.