Bereavement and NHS Records

[LadyAbash]

Hi Everyone,

I am new to this group but not new to healthunlocked.

My younger brother passed away aged 59 at the beginning of April. I have spent the last month dealing with everything, from discovering his passing to organising his funeral since my other siblings live abroad. Our mother is in her 80s, severely disabled and has now been diagnosed with dementia. SO everything had landed on my shoulders. My shoulders are broad enough for me to handle it as I have had to.

One issue which has become an absolute thorn in my side has been putting in a request to his GP surgery to give me access to his medical records. My family, especially me and my siblings want to know if he had anything that could have been hereditary that we need to know about.

The Practice Manager keeps sending me this information from the NHS guidance surgeries receive:

1. A personal representative (the executor or administrator of the deceased person's estate)

2. Someone who has a claim resulting from the death (this could be a relative or another person)

I have told the Practice Manager that: my brother did not have a will, he did not have a wife and he had no children. Since I reported his death and am his next of kin as is also recorded on his death certificate, I had become the executor by default. According to the two points above, I definitely qualify.

I have also spoken to a solicitor who advised me to get an affidavit signed and this should help. The surgery told me NO as this was only a statement of truth!

I am frankly lost as there does not seem to be anyone who knows much about this. My own surgery has told me that this is guidance only as they would not be making me jump through hoops as I am currently experiencing. I have asked questions of the NHS Ombudsman, I am hoping to contact NHS England after the bank holiday.

Has anyone every had this experience following the death of a loved one? Where else can I go to find answers or to get my brother's medical records. I do understand that the deceased are also protected, but this is not the main thing that concerns me.

Any advice or information you can share will be greatly received. Thank you!

LadyA

[chloe40 Administrator]

Hello LadyAbash

Firstly, I am very sorry to learn of your loss.

You have had a great deal to cope with.

I'm sorry to say that I have never heard of this before and find it amazing that if you can prove your relationship, which you can, why on earth they wouldn't give you the information. I'm at a loss but:

I have just read this on the internet;

'Under the Access to Health Records Act (1990) only certain people have the right to access medical records of someone who has died: The personal representative of the person who has died. If your relative had a will than the executor of the will be the personal representative. If there is no will, then you will have to apply to the Administrator.'

accessed 26/05/2024

inquest.org.uk/faqs/can-i-r...

I hope this helps.

Chloe

[LadyAbash in reply to chloe40]

Dear Chloe,

Thank you for your sympathies.

I have seen the information you highlight. I have tried till I am blue in the face. The Practice Manager has still just kept sending me the same info. She recently ask me to send info such as my brother's birth certificate and other such info.

So far every place I have contacted, like yourself, can't understand why I am going through such a hard time as a next of kin. I have been wondering whether I can contact their Trust who I haven't found yet. I am also hoping to contact NHS England for their definitive response.

I will check out out the link you've sent , in case I missed something.

Thank you again!

LadyA

[chloe40 Administrator in reply to LadyAbash]

I really hope you have success with this x

Yes, speak with the Trust or NHS, they will give definitive information, very best wishes.

Chloe

[Midori]

I've not had a problem with this, personally, although I have been responsible for several family estate disbursements.

Not that I have needed to get access to medical records personally, although I know that Doctors have a duty to their own patient's confidentiality, but I would try another tack, get your own GP to write to them asking about the possibility of hereditary medical problems in the family.

To me as a former nurse; it does seem a little overprotective, especially as the patient (your brother) is now deceased and you are the person dealing with it all. Do you have the Death Certificate? This can open doors to officialdom, I have found.

Have you applied for Letters of Administration , or Probate? It might be worth asking your solicitor if this might help. Also, these could ease your path through other parts of the legal minefield, although it is at least 20 years since I last had to deal with a deceased relative.

I sincerely hope this is some help.

Cheers, Midori

[LadyAbash in reply to Midori]

Dear Midori,

Thank you so much for your response!

So far, I have presented my brother's death certificate (which I registered) and offered to sign an affidavit, but the Practice Manager says neither of them are acceptable. The practice Manager is now asking for documents such as my brother's birth certificate and other documents to prove who I am (my documents initially were not acceptable).

I recently, contacted the government Probate office to see if I can get probate. I am still waiting for a response, I have no idea where I go to ask for Letters of Administration.

I was told by NHS England to speak to Citizens Advice because they could not tell me anything different to what I have already been told, which was an absolute shock to me!

I'll try my GP angle as you suggest, and see.

Anyway, the fight goes on!

All the best

LadyA

[Midori in reply to LadyAbash]

Not entirely sure if Letters of Administration are still a thing, but worth a try.

[LadyAbash in reply to Midori]

Hi Midori,

I finally got to speak to someone at the Government Probate office. I can apply for probate using form PA1A (for someone without a will) as the Power of Attorney for my mother. She could have put in the request but would have had to go through the same process. At least now when I eventually get the probate papers, I will get what I need. What a palava!

LadyA

[Midori]

It has become far more difficult over the last 10 years or so. Something to do with Personal records protection.

Cheers, Midori