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Hi You might find this helpful; we have the same duty under NMC that doctors have under BMA for confidentiality so the content is transferable. There is even a sample consent form you could adapt and send back to the solicitor saying you are more than happy to assist once you receive it back http://bma.org.uk/practical-support-at-work/pay-fees-allowances/fees/fee-finder/fee-finder-medical-records Carr On 24 September 2014 14:57, Lynda M Bruce < [log in to unmask]> wrote: > Hi > I suggest that you ask whoever you are indemnified with- the RCN or > whatever alternate you hold.Ultimately they will have to pay to defend you > if you get it wrong. > They should be able to give you the sort of wording you need to refuse the > request. > I beleive medical records are separate from all others and need either a > signature from the person whose records are being requested or a court order > Kind regards > Lynda Bruce > Aberdeen > > > > -----Original Message----- > From: Paula Highton <[log in to unmask]> > To: OCC-HEALTH <[log in to unmask]> > Sent: Wed, 24 Sep 2014 14:46 > Subject: [OCC-HEALTH] releasing documents > > Would really appreciate some advice > > I have had a request from our insurance brokers to release the OH files > for a previous employee. There has been no signed authority of consent to > release his notes and I graciously declined. > > They have since contacted me again with a letter attached from the > solicitor...... The following is an excerpt from the letter: > > He has pursued a claim against them both and, as part of the same > litigation, ----- have now been brought in as defendants, having received > notice of an additional claim for indemnity / contribution from solicitors > appointed by -----. > > As a consequence there is an obligation, as part of the litigation > process, for ------ to make available all relevant evidence (including but > not limited to documentation) that is: > > > 1. Relevant to the claim > 2. Relevant to the incident > 3. Relevant to the claimant > > > You will appreciate that this covers a potentially significant amount of > evidence, documents and data. > ......... We (that is, ------) have an obligation as part of the Civil > Procedure Process to undertake a reasonable and proportionate search for > all relevant documents. > > *My question is can they force me to release documents without signed > consent of the individual? Last thing I want to do is breach my code of > conduct and the Data Protection Act.. I don't really understand the legal > aspects surrounding this request.* > > *Can anyone offer any illumination on this issue?* > > Paula > > > *Paula Highton RN. BSc (Hons) SCPHN (OH)* > *Occupational Health Manager* > *Medical Centre ext 272* > [image: Description: cid:image001.jpg@01CB4A7D.66A88A40]Sheffield > Forgemasters International Ltd. | Sheffield S9 2RW | Email: > [log in to unmask] | Tel: 0114 244 9071 Fax: 0114 243 2711 > www.sheffieldforgemasters.com > > > Download The Free Forgemasters App For IOS or Android. > > <https://itunes.apple.com/us/app/sheffield-forgemasters-international/id833548963?ls=1&mt=8> > <https://play.google.com/store/apps/details?id=uk.co.rckt.Forgemasters360> > ******************************** Please remove this footer before > replying. > OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html > CONFERENCES AND STUDY DAYS: > http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH > ******************************** Please remove this footer before > replying. > > OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html > > CONFERENCES AND STUDY DAYS: > http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH > ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH