HL Deb 23 April 2002 vol 634 cc25-6WA
The Countess of Mar

asked Her Majesty's Government:

Why it is deemed impossible for a false "diagnosis" of Munchausen's Syndrome by Proxy to be expunged from the records of parents and children 'who have come to the attention of doctors and social services departments when the officials and medical practitioners concerned acknowledge the error. [HL3732]

The Parliamentary Under-Secretary of State, Department of Health (Lord Hunt of Kings Heath)

The content of health records is the responsibility of the individual health professionals who create those records, subject to the requirements of regulatory bodies and law that records be adequate for purpose. Only the courts have the power to require health professionals to delete information from records. In the absence of such a direction from the courts, both the General Medical Council and the Medical Defence Union advise health professionals not to delete information for medical and legal reasons. Although the department has not published guidance on this issue, we accept the view of the General Medical Council as being authoritative.

A health record is essentially a record of clinical opinion at a point in time in the face of the evidence available. While subsequent evidence or conflicting clinical opinion may lead to the conclusion that the original opinion is incorrect, it remains the only record of a health professional's thoughts and actions. Clearly it is in the interests of society generally, and of health professionals individually, for there to be a complete and true record of the opinions that underpin clinical interventions of all kinds. A claim for negligence or a complaint could be made many years after an episode of care has concluded and the medical record is key evidence in determining whether a health professional has performed acceptably.

Local authorities are responsible for any decisions they make concerning the retention of records. Such decisions must be in accordance with the terms of their registration with the Commissioner for Data Protection.