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SA Medical Records - Subpoena Historic Patient Medical Records?

Discussion in 'Other/General Law Forum' started by okanynameyouwishthen, 14 February 2015.

  1. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Hey all. If a person has had the same "family doctor" for last 30+ years, but that doctor has consulted from 8 different surgeries in that time-frame, what is the proper procedure to subpoena that person's medical records?

    I ask because I subpoenaed said doctor requesting "All medical records of patient XYZ" and served it on the doctor at his present practice and all I got were records of the patient whilst at present practice. The stuff I want is 15-20 years ago this doctor was the consulting doctor of patient XYZ.

    Surely a litigant isn't expected to serve subpoenas on all previous practices seeking records of a moment in time that particular building just happened to house the doctor who seen patient XYZ & resulted in medical records being created & therefore form part of what I subpoenaed - The doctor's medical records of patient XYZ?

    Thoughts please?
     
  2. ourlawisnotfair

    ourlawisnotfair Well-Known Member

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    Hi from what I know the medical records of a individual are owned by the surgery and not the doctor. A doctor must not take the records of a patient with them when they resign or move employment. You will have to subpoena individual practices even If an authority to release was signed by you to move the records over.
     
  3. Sophea

    Sophea Well-Known Member

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    This has been my experience too, you have to request records from individual surgeries. If you can get approximate dates of what you need and where the doctor was at that time, start with those surgeries.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi,

    I agree with the above responses. The health service provider (i.e. the health institution/location) "owns" the medical records. Although a medical professional may create the records, there is usually a term in their employment/service contract that provides that the employer/institution owns the records. Further, these records are kept at the institution, so even if they are owned by the medical professional, it may still be up to the institution to grant access to them.

    Take a look at:
     
  5. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    thanks all.appreciated.
     

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