HC Deb 21 June 2004 vol 422 cc1241-2W
Mrs. Iris Robinson

To ask the Secretary of State for Northern Ireland if he will make a statement on the rights of families to seek access to the medical notes of relatives who die in hospital. [179088]

Mr. Gardiner

Where a patient has died, the patient's personal representative and any person who may have a claim arising out of the patient's death, may make an application to the holder of the health record, for access to the health record or to any part of the health record.

However, where such an application is made, access shall not be given if the record includes a note, made at the patient's request, that he or she did not wish access to be given on such an application.

In addition, access shall not be given to any part of a health record which, in the opinion of the holder of the record, would disclose: (i) information likely to cause serious harm to the physical or mental health of any individual, or, (ii) information relating to, or provided by an individual other than the patient, who could be identified from that information.