How should I respond to a solicitors' request for the records of a deceased patient?

A deceased patient's personal representative, and anyone who may have a claim arising out of the patient's death, has a right of access to the patient's clinical records but this is not absolute. Access can be limited or refused in some circumstances, such as where there is evidence the patient would not have wished the information to be disclosed.

However, it is a good idea to seek specific guidance from the MDU if you receive this kind of request, particularly if you suspect that a clinical negligence claim may be on the way.


This page was correct at publication on 25/05/2020. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.

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