Elizabeth Atkinson represented the successful claimants who sought access to their late mother’s medical records from her GP Practice under s.3(1)(f) Access to Health Records Act 1990. The judge found that a Part 57 Probate Claim is “a claim arising out of the patient’s death”, and the Claimants were entitled to the medical records under the Act. This confirms that parties who may seek to propound or oppose a Will have a statutory right to obtain copies of the deceased’s medical records within 40 days, at no cost.
The judgment can be read on BAILII and Westlaw.
Elizabeth was instructed by Penderlaw Solicitors.
