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The General Medical Council (GMC) has been investigating a complaint by a patient. To see the expert report on the matter, the patient has to apply to the GMC under The Data Protection Act. I found a reply from the GMC on a similar matter, and the reply stated that 'we (The GMC)
is obliged to consult the author and the doctor concerned before releasing the report to the patient. Under the Data Protection Act, I wish to know whether this obligation is moral or a legal obligation
The original expert report, was that for court purposes or this GMC matter?
For GMC matter.
If it is only used in the proceedings then they do NOT need the consent of the author.
The document does not disclose personal details of the authori.
It only discloses details of the patient.
Therefore the patient has a legal right under the DPA to see the document
It is used for these proceedings and can be disclosed to the patient.
So yes, I can confirm no legal obligation from the author is required.
Moral maybe, but not legal
Can I clarify anything for you about this today please?
So no legal obligation to tell the doctor who the report was about?
Can I clarify anything else for you?
I will have some other questions about expert witnesses later. Thank you
Of course but those will need to be new questions if I have answered this one for you