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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Medical Records and the Legal System

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Medical Records and the Legal System

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Can you explain your situation a little more?
Customer: replied 4 years ago.



Do you have access to any of the questions I have asked before?

I can see one.

Go on?
Customer: replied 4 years ago.



I am sorry to bother this service again.


This issue is still bothering my husband. He has had reassurances from his Doctor to stop worrying, he is due to start Cognitive Behavior Therapy to try to help him get is life back, but he is still scared about the confidentiality of his medical record.


Can you shed anymore light on this matter from a barristers point of view.


Thanks in advance

Yes, probably.

What is it that you wanted to know about this?
Customer: replied 4 years ago.

I suppose the key question is, are his records confidential?


There are limits to patient confidentiality of course. However, this would not amount to something that had to be reported.

The limits cover things like situation where they know a person presents harm to another - like a person who should not drive for medical reasons and continues to do so.

This is just historical matters and would not be disclosed.

It is possible for the Crown to get a court order forcing disclosure of medical records but its not going to happen here.

Hope this helps. Please let me know if you need more information.


Customer: replied 4 years ago.

Thank you for your reply.


Last question, you mention Court Order, which your Just Answer colleague also refers to.


Why are Court Orders issued?



Usually during ongoing legal proceedings.

Actually its more common amongst co-defendants or victims.

Sometimes the defence seek access to a complainant's medical records by means of court order if there is suggestion they undermine the allegation.

Sometimes cut throat co-defendants do it against other co defendants.

its very rare the Crown do so.

Nothing will ever happen over this.
Customer: replied 4 years ago.

So, in a nutshell, he's records are safe?

Not exclusively but they are here.
Customer: replied 4 years ago.

Sorry, does that mean, they are protected now, but may not have been at the time of the consultations?

No, it means they are not 100% protected but the exceptions don't apply here.
Customer: replied 4 years ago.

Thank you for your time, your advice has been really helpful.


I promise this is the last question.



What are the "exceptions"?


Are they the ones you mention earlier at 02 February 2014 20:31 (GMT/GMT)

Yes, thats what I meant.

There are really too many exceptions to list here but none of them apply to your case.
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