Access to medical records by personal representatives and applications in the fertility sector

Access to medical records by personal representatives and applications in the fertility sector


CategoryNews Author Jenni Richards QC, Catherine Dobson, Stephanie David Date

Jenni Richards QC and Catherine Dobson successful in case clarifying the scope of a personal representative’s right to access medical records under the Access to Health Records Act 1990.

In Re AB (disclosure of medical records) [2020] EWHC 691 (Fam) (https://www.bailii.org/ew/cases/EWHC/Fam/2020/691.html), the President of the Family Division confirmed that the right of a personal representative to access health records under s.3(1)(f) AHRA is unqualified, in the sense that it is not necessary to show that the personal representative may have a claim arising out of the deceased’s death. This clarification is welcome as there had been suggestions from some quarters, most notably guidance issued by the British Medical Association, that the right was qualified.

Stephanie David has written an analysis of the judgment for Lexis®PSL which is available here (this article was first published by Lexis®PSL on 31/03/2020).


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