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  3. Template letter requesting medical records for a deceased person
Letter template

Template letter requesting medical records for a deceased person

This template is designed to help you write to a healthcare provider asking for access to the medical records of someone who has died.
Patients and familiesAccess to justice

Name of Records Manager
Address

Dear Sir/Madam,

Application for records under the Access to Health Records Act 1990

Full name of the deceased – last address of the deceased – NHS number – hospital number, if applicable

Please supply the data about [Name of deceased person] that I am entitled to under data protection law relating to:

Note to reader:

nclude the date range you are requesting records for.

If you wish to access a deceased person’s GP records, be aware that when a person dies, their GP health records will be passed to Primary Care Support England so they can be stored for up to ten years after the death. To access a deceased’s records, you must apply to the records manager in the relevant local area. You can ask your GP for details on who you should contact.

Hospital records will be kept by the records manager at the hospital the deceased attended. Fees may apply for accessing these records. You can apply to the hospital trust’s records department.

Note to reader:

Be as specific as possible about the records required for an initial investigation of the claim. For example, if the events leading up to the alleged negligence included an admission to hospital by way of the emergency department, immediately after which the deceased underwent surgery and then developed an infection in the post-operative period, the medical records you would probably need to request include the emergency department records (including nursing and clinical notes), operating records, anaesthetic records, daily nursing records (including temperature, pulse and respiration charts and fluid balance charts), and any laboratory reports, X-rays, etc. available in relation to the infection, etc.

Note to reader:

You should also consider requesting any updates to those guidelines, protocols and policies, especially if the allegation of negligence took place some time prior to your making a request for records.

Authority to request these records

Please find enclosed grant of probate/grant letters of administration.

Note to reader:

You will only be able to obtain the medical records of someone who has died if you are either a personal representative (the executor or administrator of the deceased’s estate) or someone who has a claim resulting from the death (this could be a relative or someone else).

You should make your relationship to the deceased clear along with the nature of the claim (see section on details about the incident below) when requesting the records.

Details about the incident

Note to reader:

Under this heading, you should set out brief information about the events you are concerned about, to alert the healthcare provider to where an adverse outcome has been serious, has had serious consequences, or may constitute a notifiable safety incident.

Copies of medical records

If you need any more data from me, or a fee, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month. If you are unable to process this application within that time, then please write to me and let me know when I can expect to receive copies of these records.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer or relevant staff member.

Yours faithfully,

[Signature]
[Your name]