Technically I believe that these are not part of your Medical Records.
This was a medical report commissioned by your employer from Occupational
Health who were working for your employer.
If they had been sent by your GP or consultant you would have had a right to
see them before they were sent to the employer - and to refuse that they be
sent to your employer.
http://www.bbc.co.uk/dna/actionnetwork/A1181657 "How to access your medical
records" says that "Details about third parties might be removed from the
records".
See http://www.admin.ox.ac.uk/uohs/policies/management.shtml "University
Occupational Health Service - Guidance for Managers"
"Consent to referral
Even though asking for a medical report is a reasonable management decision
a member of staff may well refuse a management referral. In such cases, you
should consult your sector personnel advisor and inform the member of staff
that refusal may force you to take management decisions without the benefit
of a medical report. The occupational physician is obliged to satisfy
himself or herself that the member of staff consents to the assessment and
understands the purpose of the medical report before carrying out an
interview, a medical examination, tests, or obtaining additional information
from another doctor."
"Copies of reports and other correspondence and action
We will normally copy reports to the member of staff. We will telephone or
write to the individual's general practitioner when this is necessary for
clinical reasons. We will be happy to provide medical input to any other
individual or agency, as the situation requires."
So I can't say authoritatively whether the GP should have refused your
request but it is clear from the above that you should make the request to
your employer.
The fact is that the Occupational Health are working for the employer and
they are making assessments that you might not be happy with. I would have
thought that the OH should have informed you what he was going to be saying
to the employer - in my opinion, the employer should be informing you and
not the GP. The GP is not supposed to be representing the employer or the
Occupational Health.
Nick Landau
----- Original Message -----
From: "Casillas, Mojgan" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, November 20, 2006 11:12 PM
Subject: [data-protection] patient records
Today I requested a copy of a report sent to my GP from Occupational Health.
I was refused a copy on the grounds that the letter was originally sent to
my employers and only a copy of the same letter to my GP. I was told that
my employers must first give consent before my GP could release the report.
Can some one confirm for me weather my GP is right or not?
Thanks
Mojgan
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