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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HI AN EXPERT WITNESS REPORT IS GIVEN TO THE PATIENT WITHOUT

Resolved Question:

HI
AN EXPERT WITNESS REPORT IS GIVEN TO THE PATIENT WITHOUT CONSULTING THE DOCTOR IT WAS WRITTEN ABOUT: DATA PROTECTION ACT ISSUE
A GMC ANSWER TO ANOTHER QUESTION ON THE INTERNET SAYS THAT THAT THEY ARE 'OBLIGED TO CONSULT THE DOCTOR UNDER INVESTIGATION AND THE AUTHOR OF THE EXPERT REPORT'
IS THIS OBLIGATION MORAL OR LEGAL?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Could you please explain the situation a little more?
Customer:

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)

Customer:

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

Alex Watts :

The original expert report, was that for court purposes or this GMC matter?

Customer:

For GMC matter.

Alex Watts :

If it is only used in the proceedings then they do NOT need the consent of the author.

Alex Watts :

The document does not disclose personal details of the authori.

Alex Watts :

It only discloses details of the patient.

Alex Watts :

Therefore the patient has a legal right under the DPA to see the document

Alex Watts :

It is used for these proceedings and can be disclosed to the patient.

Alex Watts :

So yes, I can confirm no legal obligation from the author is required.

Alex Watts :

Moral maybe, but not legal

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So no legal obligation to tell the doctor who the report was about?

Alex Watts :

No

Customer:

thank you

Alex Watts :

Can I clarify anything else for you?

Customer:

I will have some other questions about expert witnesses later. Thank you

Alex Watts :

Of course but those will need to be new questions if I have answered this one for you

Ash and other Law Specialists are ready to help you

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