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Related Experiment Video

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Can I read my own hospital notes?

Marc Cornock1

  • 1Open University.

Nursing Standard (Royal College of Nursing (Great Britain) : 1987)
|October 21, 2016
PubMed
Summary

Patient health notes belong to the healthcare provider, not the patient. While the Data Protection Act 1998 grants access rights, individuals typically receive copies, not original records.

Area of Science:

  • Health Law
  • Information Governance
  • Patient Rights

Background:

  • Patient-held health records are a complex legal area.
  • Understanding ownership of clinical notes is crucial for data management.
  • Existing legislation governs access to personal health information.

Purpose of the Study:

  • To clarify the ownership of clinical notes within healthcare settings.
  • To define patient rights regarding access to their health records.
  • To explain the implications of the Data Protection Act 1998 on health records.

Main Methods:

  • Legal analysis of health record ownership.
  • Review of the Data Protection Act 1998 provisions.
  • Examination of patient access rights in NHS and private hospitals.

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Main Results:

  • Clinical notes are legally owned by the healthcare provider (NHS or private entity/consultant).
  • Patients do not hold ownership rights to their original clinical notes.
  • The Data Protection Act 1998 permits patients to access their records, usually via copies.

Conclusions:

  • Patients have a right to access, but not own, their clinical notes.
  • Healthcare providers are custodians of patient health information.
  • Clarification of ownership ensures compliance with data protection regulations.