Dept of Health and Medical Council unable to help patients access their medical records
The Department of Health, the HSE and the Medical Council say they are unable to help the ex-patients of a Tullamore doctor to access their medical documents.
The doctor is no longer practising and while the HSE says it has contacted the public patients the private patients are not their responsibility.
The Tribune contacted the Department of Health who advised us to contact the Medical Council adding that the Council has a role in the regulation of medical practice overall and would be best placed to answer the query.
However, the Medical Council said that ''in its role as regulator for registered medical practitioners in Ireland, the Medical Council has no statutory function in relation to the location or transfer of patient records in circumstances where a medical practice has ceased to operate and/or a medical practitioner has withdrawn from the Register or retired from practice.''
Some ex-patients had been with this particular doctor for years, some since they were children but they now find themselves in an uncertain situation and don't know where to turn to for help.
In a Dail question to the Minister for Health Roderic O'Gorman in 2023 by John Lahart T D who asked the Minister if ''patients can access their medical files and records when a general practitioner ceases their practice;''
The Minister responded that, ''As private practitioners, the responsibility for the management of practice medical records rests with the GP concerned. GPs are required to ensure all personal data is processed in line with the General Data Protection Regulation principles and best practices, and patients can request a copy of their medical records directly from their GP surgery.''
The Minister went on to say that the Irish College of General Practitioners' under the heading of Processing of Patient Personal Data: states that. ''When there is a sudden closure of a GP practice the HSE endeavour to allocate a locum GP to take over the panel of GMS patients and advertise the list for a permanent replacement. When a GP retires or otherwise leaves the GMS scheme the HSE can facilitate the transfer of the records of GMS patients to the new doctor providing services for these patients. In such cases, the patient is notified that if they do not agree to the transfer of their records they can indicate this to the HSE. The HSE has no role in relation to medical records held by GPs of patients who do not hold a medical or GP visit card.''
It would appear that while public patients are protected, private patients are totally reliant on their doctor. The problem is, the people trying to access their files don't know where their doctor is and more importantly where their medical files have gone.
According to Citizens Information,''if you visit your GP as a private patient, attend a private hospital, or are cared for in a private nursing home, you can get access to your medical records:
Under data protection laws
On the basis of your contract with the medical service, or
By court order
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