Can those with a probate claim access a deceased patient’s records?
This is a link to a recent court case which provides clarity around requests for access to deceased records where the claimant is seeking review of Probate and other issues related to Wills and inheritance. Whilst it does appear to provide a right of access to those with a probate claim its very important to note that only information relevant to the claim must be released and that the tests for Third Party information as well as Serious Harm both still apply. In addition, you must respect the patients wishes if recorded and the Duty Of Confidentiality to not disclose any sensitive information that the patient expected would remain confidential.