Copies of Medical Notes for lawyers/Insurance

It is common for practices to receive requests from lawyers and insurance agencies requesting copies of a patients notes. The Data Protection Act is often quoted to set a limit for the fees that can be charged.

We would advise that you may charge a reasonable fee for the photocopying and add the cost of safe delivery of these copies to that agency. The Data Protection Act and information commisioner insists on a maximum of £50 for photocopies or £10 for computer printouts.

If you estimate that your costs for copying the records is likely to exceed this limit you may contact the agency to try and determine the best way forward. Not every GP is happy to risk losing records. Please contact the lmc office if you would like further advice.

• ensure you have the written consent of the patient
• ensure the notes do not breach the confidentiality of others

The link to the act is here http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_1

The Government guidance on Access to Medical records is here and pages 9 and 23 are explicit about the fees