Medical Negligence Claims
Attorneys will apply for your medical/hospital records in terms of the Promotion of Access to information Act (The Act), to enable them to institute actions for damages arising from alleged negligent treatment. Your attorney will prepare a consent form to be signed by yourself, giving your attorney permission to access your hospital records, this will be accompanied by Form C should you be requesting the information from a private body or Form A if the information is being requested from a public Body.
Section 25 of the Act, explains how the decision on request are made and notice periods thereof;
(1) the information officer to whom the request is made or transferred, must, as soon as reasonably possible, but in any event
within 30 days, after the request is received-
(a) decide in accordance with this Act whether to grant the request; and
(b) notify the requester of the decision and, if the requester stated that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.
(2) If the request for access is granted, the notice must state-
(a) the access fee (if any) to be paid upon access;
(b) the form in which access will be given; and
(c) that the requester may lodge an internal appeal or an application with a court, as the case may be, against the access fee to be paid or the form of access granted, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.
(3) If the request for access is refused, must-
(a) state adequate reasons for the refusal, including the provisions of this Act relied upon;
(b) exclude, from such reasons, any reference to the content of the record; and
(c) state that the requester may lodge an internal appeal or an application with a court, as the case may be, against the refusal of the request, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.
There are specific time periods set out in the Act for the department or private body to respond. Should the Hospital fail to comply with the application made by the Attorney, your attorney can approach the High Court for relief.
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Medical Negligence Claims
Section 25 of the Act, explains how the decision on request are made and notice periods thereof;
(1) the information officer to whom the request is made or transferred, must, as soon as reasonably possible, but in any event
within 30 days, after the request is received-
(a) decide in accordance with this Act whether to grant the request; and
(b) notify the requester of the decision and, if the requester stated that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.
(2) If the request for access is granted, the notice must state-
(a) the access fee (if any) to be paid upon access;
(b) the form in which access will be given; and
(c) that the requester may lodge an internal appeal or an application with a court, as the case may be, against the access fee to be paid or the form of access granted, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.
(3) If the request for access is refused, must-
(a) state adequate reasons for the refusal, including the provisions of this Act relied upon;
(b) exclude, from such reasons, any reference to the content of the record; and
(c) state that the requester may lodge an internal appeal or an application with a court, as the case may be, against the refusal of the request, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.
There are specific time periods set out in the Act for the department or private body to respond. Should the Hospital fail to comply with the application made by the Attorney, your attorney can approach the High Court for relief.