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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I gave consent medical report to be given to my employer,though

Resolved Question:

I gave consent for a medical report to be given to my employer,though wanted to see it first.
It was not sent to me but given directly to my employer what redress can I get
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 10 months ago.
Did your employer arrange for the report to be sent to them?
Customer: replied 10 months ago.
I signed a form allowing the report and ticked a box say I wanted to see it first and they acknowledged this. Then I had a meeting with them and they had the report and said did i receive one
Expert:  Ben Jones replied 10 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 10 months ago.
Thanks for your patience. The rights to access of medical records is governed by The Access to Medical Reports Act 1988. It does give you the right to see medical records before they are sent to the employer, however the issue is if that does not happen and the employer gets the record fist, the Act does not stipulate what will happen in the event of a breach. It does sadly mean that there is no penalty or other recourse open as that is where it would be contained. If the Act does not stipulate what the enforcement actions open to you are then you would not be able to challenge the medical practitioner if they failed to comply with it. The only thing you can do is ask a court to order the doctors to comply with the Act but once they have failed to do this and sent the report it is too late to involve the courts to ask them to comply. The only other option would have been to do with breach of data protection but you can only pursue this if you have suffered losses as a result and if you have only been inconvenienced, or embarrassed then that would not amount to losses so would not give rights to a claim. Therefore, a direct complaint with the medical practice is the only option available to you in the circumstances. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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