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Consent to release medical report of deceased victim of non-fatal offence.

  • 02-02-2022 9:33pm
    #1
    Registered Users, Registered Users 2 Posts: 4,593 ✭✭✭political analyst


    In November 2020, a homeless man took his own life after discharging himself from hospital after being attacked by a woman, who pleaded guilty to the assault and might get a community-service order. The court heard that the victim's medical report was unavailable because, even though he had been taken to hospital by ambulance, he hadn't signed a consent form.

    Why does lack of consent mean that the medical report cannot be given to the court even though the victim is deceased?



Comments

  • Posts: 0 [Deleted User]


    Patient information remains confidential even after death.



  • Registered Users, Registered Users 2 Posts: 1,525 ✭✭✭Lenar3556


    The courts could order production of them if they were required. They possibly weren’t.





  • See I read this as the hospital couldn’t gain access - but that didn’t make much sense surely they don’t need permission? Maybe I’m wrong just never had to give them consent to look at my files whenever I’ve had to go to ED.



  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    I initially read it as that he didn't sign any consent form and therefore the hospital didn't have permission to record his data, they just had to treat him. Hence there was no medical report.

    I'm not sure if hospitals are in fact required to obtain your consent to record your data, but I don't see why they would be exempt.



  • Registered Users, Registered Users 2 Posts: 4,593 ✭✭✭political analyst


    Here's an extract from an article about the case:

    "The court heard there was no medical report in relation to the victim, as although he was taken to hospital by ambulance, he didn’t sign a consent form to release his medical report and discharged himself the following day. The victim died by suicide a week later."



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  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Indeed, so it seems based on that more likely that he didn't sign a consent form for his medical records to be disclosed to the Gardai or other 3rd parties.

    Interesting document I found here:

    https://medisec.ie/wp-content/uploads/2020/07/Factsheet-Requests-for-a-Deceased-Patients-medical-records-v-2.pdf

    Actually comes across quite fraught for medical professionals. It suggests that there is no specific, blanket law requiring that medical records remain private after death, but that it's a matter of ethical practice and "best interests". It suggests there are some instances in which it is not permitted to disclose.

    As @Lenar3556 says, the court could have ordered the records to be disclosed if they were needed. But it sounds like they weren't.



  • Registered Users, Registered Users 2 Posts: 4,593 ✭✭✭political analyst


    It's possible that the defence would have disputed the admissibility of the medical report because the victim is deceased and so can't give a victim impact statement, thus making access to the report unnecessary.



  • Registered Users, Registered Users 2 Posts: 26,714 ✭✭✭✭Peregrinus


    From what I read in the thread, the case was the trial of an assault charge against the woman. Medical evidence about the consquences of the assault would normally form part of such a case, since it goes to the gravity of the charge - an assault that results in a broken skull is obviously more serious than an assault which results in a broken fingernail. That evidence was not available because, although the victim had been medically examined after the assault, he died before consenting to the disclosure of his medical information and, without that consent, the medics were reluctant to disclose it.

    As others have pointed out, the court court have ordered the release of the information and the medics would have complied. They didn't, possibly because there was other evidence about the gravity of the assault and they felt they had enough information, or possibly because the prosecution and the defence agreed that there were certain medical consequences (there was a guilty plea, remember).

    I don't think there's any connection to the victim impact statement - evidence about the gravity of the assault would be relevant and admissible whether or not a victim impact statement is given.



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