Legal News

Access to medical records by personal representatives and applications in the fertility sector (Re AB)

Published on: 31 March 2020

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Private Client analysis: Sir Andrew McFarlane, president of the Family Division, considered the categories of person who can make requests under the Access to Health Records Act 1990 (AHRA 1990) where the patient has died. In particular the judgment confirms that the right of a personal representative to access health records under AHRA 1990, s 3(1)(f) is unqualified, in the sense that it is not necessary to show that the personal representative may have a claim arising out of the deceased’s death.

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