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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51178
Experience:  Qualified Solicitor
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If a surgeon for charges me a fee for a diagnosis is he

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If a surgeon for charges me a fee for a diagnosis is he obliged to give me a written copy and or send one to my g.p.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Is the surgeon not willing to provide this and if so, why not?

Customer: replied 5 months ago.
I said this was a wrong diagnosis refused to pay him &. he threatens to put the matter in the hands of a debt cllector

How much do you owe him?

Just because you have paid a fee, there is no legal obligation on the surgeon to issue you with a written copy of the diagnosis report or send one to your GP. However, if you wanted to have a copy of it then you have a legal right to it under data protection legislation, namely the Data Protection Act 1998, which allows you to make what is known as a subject access request. Such a request prompts a data controller, like the surgeon in this case, to provide you with copies of any personal data that they hold about you.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to initiate the request procedure. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Customer: replied 5 months ago.
I was forced to pay £200. 00. for a diagnosis although I am still trying to prove I have spigelian hernia because he threatend me with debt collectors if I did not pay. His diagnosis was negative but I will prove I am right. I will shortly be under going a ct.scan which I hope will be positive I have written to him today &.asked him to furnish me with written diagnosis. If he does not comply with this I will forget the matter until I have a positive diagnosis as it is not worth pursuing at the present time,

Thank you. If an organisation holds personal data about an individual, section 7 of the Data Protection Act 1998 entitles that person to request copies of such data. The process is known as a Subject Access Request (SAR).

If a SAR needs to be made, the individual needs to write to the organisation which holds the data in question. It would be useful to check if there is a dedicated data protection officer to whom such requests need to be addressed. If not, it can be sent to their general correspondence address. The SAR letter should include the following information:

· Make it clear that a 'subject access request under section 7 of the Data Protection Act 1998' is being made

· Provide details of the data for which copies are requested, together with any information necessary to locate it.

· The individual’s main personal details - full name, date of birth, address and contact number

· Copy of any identification to identify the individual, such as passport or driving licence

· A cheque or postal order for £10 to cover the maximum amount they may charge for the provision of these documents

Once the formal request has been correctly made, the organisation must respond within 40 days.