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Biomedical subjects

Bridgit Dimond

Publications and source records attributed to Bridgit Dimond.

At least 91 records · Page 5Linked to original sources
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Rights to information access under the Data Protection Act.

A patient has a legal right to access personal information held by health professionals on the basis of statutory provisions, such as the Data Protection Act 1998 and the regulations made under that Act, the Access to Health Reports Act 1988 (which is considered in a later article), and also on the basis of the common law, i.e. judge made or case law. Neither legal rights, however, give the patient an absolute right, but are qualified.

Computer Security↗
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Access to records by persons other than the patient.

This article explores what rights persons, other than the patient, have to access health records which come under Data Protection Act and other statutory provisions. These other persons could include the relatives of a patient, the parents of a child or those concerned with the estate of a deceased person. In addition, there are other rights of disclosure recognized by the common law and these will be considered in a later article.

Access to Information↗
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Access to medical reports.

This article explores what rights persons other than the patient have to access health records which come under the Data Protection Act and other statutory provisions. These other persons could include the relatives of a patient, the parents of a child and those concerned with the estate of a deceased person. In addition there are other rights of disclosure recognized by the common law and these will be considered in a later article.

Humans↗
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Data protection rights and preserving confidentiality.

The last two articles considered the right of others under Data Protection legislation to access a patient's records and the right to access medical reports for employment or insurance purposes. This article considers the duty of confidentiality and the provisions of the Data Protection Act 1998, which protect the confidentiality of health records.

Access to Information↗
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Lawful disclosure of confidential information.

The last article considered the duty of confidentiality and the various ways in which health professionals could be held accountable for unjustified breaches of confidentiality. This article considers what those lawfully justified situations cover. The main justifications for disclosure include: consent of the patient; the interests of the patient; court order; statutory requirement; and public interest.

Confidentiality↗
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Consent to treatment records.

This article analyses the use of documentation to establish that consent has been given to treatment and that the necessary information about the possibility of significant risks of substantial harm has been given. The Department of Health has provided guidance as to when consent should be obtained in writing and also provided specimen forms which could be adapted for use by adults and young persons over 16 years; parents on behalf of children; procedures where no loss of consciousness is involved and for those situations where adults lack the capacity to give consent. The amendment of the forms is also considered together with discussion over the retention of the records.

Documentation↗
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Midwifery Records and legal issues surrounding them.

Midwives are subject to statutory supervision and the Midwives' Rules. The Nursing and Midwifery Council has set out very special and very strict rules on how midwives records should be kept, stored, handled and supervised. Rule 9 sets out stipulations in relation to the keeping of midwifery records. Rule 10 requires them to permit the inspection of their records by the supervisor, the local supervising authority and the NMC.

Humans↗
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Mental health records.

Records relating to the detention and treatment of mentally disordered persons are one of the few occasions on which there are statutory provisions over what must be recorded and in what circumstances, and how corrections can be made. In the event of a failure to comply with the statutory provisions relating to detention, the patient would not be lawfully detained and could seek his/her release. Where a patient is admitted informally to a psychiatric hospital, there are no statutory provisions but the general principles discussed in an earlier article relating to record keeping should be observed.

Commitment of Persons with Psychiatric Disorders↗
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Prescription and medication records.

All nurses are required to keep contemporaneous records which are unambiguous and legible. The NMC has reprinted the UKCC guidelines for records and record keeping (UKCC, 1998). The Department of Health has provided advice in its guidance on the implementation of independent nurse prescribing on the standards for prescription writing (DH, 2002).

Clinical Protocols↗
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The law regarding health records of the deceased in the UK.

Case Scenario: Following the death in hospital of a patient, John, a dispute has arisen over his will and the allocation of his property. He married twice and had a son from each marriage who have never got on well with each other. In his will he left his terraced house to the son, Bruce, who most frequently visited him at home and in hospital. The other son, Ben, however, feels that Bruce exerted undue influence upon the father and that the property should have been equally divided between the two of them in the absence of any other relatives. He also believes that his father lacked the necessary mental capacity when he made his will and, therefore, the will is also invalid on those grounds. Ben is seeking to access his father's health records to try and establish the mental state of his father at the time he made the will. He has applied to see the records. Will he be able to access them?

Access to Information↗
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Exploring the principles of good record keeping in nursing.

Record keeping is an integral part of patient care. This article considers the basic principles which should be followed in the light of guidance from the Department of Health, Nursing and Midwifery Council and the Clinical Negligence Scheme for Trusts. Apart from the Mental Health Act 1983 and abortion regulations there are few statutory provisions covering record keeping, but the courts would apply the Bolam Test of the reasonable standard of care to documentation.

Documentation↗
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Exploring the legal status of healthcare documentation in the UK.

This article considers the legal status of documentation and the point at which records become legal documents. It outlines the powers of the courts that require any documentation or other records to be produced if relevant to an issue arising in a dispute. It also discusses hearsay evidence and the fact that usually evidence on records needs to be corroborated.

Confidentiality↗