A right to privacy after death
Should a GP Release a Deceased Patient’s Medical Records?
Dr Kaur is a GP who cared for Mrs Brooks at her home during her last illness. Soon after her death, Dr Kaur met with Mr Brooks, the deceased patient’s husband, about the care Mrs Brooks received. She answered in an honest and open manner his questions about the nature of Mrs Brooks’ illness, the decisions to stop active treatment, and the palliative care provided.
A few weeks later, Dr Kaur receives a letter from solicitors acting for Mr Brooks, asking for a copy of Mrs Brooks’ medical records. The letter states that Mr Brooks is ‘considering a claim arising from his late wife’s death’ and describes him as her ‘personal representative’. The letter refers to his right of access under the Access to Health Records Act 1990.
Dr Kaur reviews Mrs Brooks’ records. She notices that they contain information about a referral for an abortion, dating from before Mrs Brooks’ marriage to Mr Brooks. The records also contain information provided more recently by Mrs Brooks’ daughter, Beverley, who was for a time concerned about her mother’s mental health. Nothing came of that, and there is no suggestion in the record Mrs Brooks was even aware of her daughter’s concerns.
Dr Kaur does not think that Mr Brooks knows about any of this. She is concerned about breaching her deceased patient’s confidence and that, if she were to send the whole record to Mr Brooks’ solicitors, confidential information irrelevant to the purpose would be disclosed.
Do you believe the deceased patient has a right to privacy after death in this case?
Why or Why not?
Please provide specific examples to support your answers?
