You have been having too much fun in your pool Jenni! Hope the part comes in soon!
Back to access to medical notes - The data protection act includes Scotland.. (I just had to go a check, as some laws are only England and Wales.
While you have your carry around notes.. you can make copies of them there and then, or just after birth, if you wish, as they are in your possession. (if they are in the hands of your mw - they don't have to let you have them back to copy them, as it their responsibility to transfer your notes back to the trust, and only release them under the terms of the DPA). Most notes will state on them that "these notes are to remain the property of your Trust".. this just means they will go back to the Trust as they are the data controller of your information.
Under data protection you can either request to view your medical records or for copies to be made of them for you, or both. Your request usually has to be in writing (some trust will send you out a standard form) although the act does allow verbal requests.
There will be a data controller department in your trust who is responsible for your information, and your request should be made to them.
There are maximum fees that apply; £10 to view and have copies made including postage, or upto a maximum of £50 if they include x-rays etc.
You have rights to access ALL of your medical records - that means anything from the time you were born.. but it is important to state what areas of your medical notes you would like, as well as your hand written notes you carry, there might be separate written notes held at the hospital (i.e consultants files), and also all electronic notes. Plus you have to provide sufficient information as evidence of your identity (this is because the data controller has to keep your records secure, and would be in breach of DPA if they didn't)
Your data controller can deny access to your records without giving you a detailed explanation, (though - for there own purposes they have to record an explanation, so it can be verified, if you dispute it at tribunal)
The exception to access to medical records are if the data or information may cause serious harm to the physical or mental health or condition of the patient, or any other person, or access would disclose information relating to or provided by a third person who has not consented to that disclosure. (though the 3rd parties doesn't include health professionals who have added to your notes)
Also you are entitled to a detailed explanation of all abbreviations or medical terminology used in your notes.
DPA states 40 days to comply and health requests should be handled within 21 days.
Fees payable in advance or on release. - you will be advised after your request.
I have used DPA to have copies of an MRI I had done of my kidneys once.. (only because it was seriouly cool!) and also to obtain all of my bank records from lloyds tsb, when I was having a bit of a fight with them! True to the law they gave me everything.. even the some stuff that ultimatly was very damaging to them.
I think that although my MW has requested copies of my old notes, I might get copies for myself too - off to phone my old NHS trust! I'll let you know how I get on.
I hope this helps.
XxX