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R v Mid-Glamorgan FHSA, ex parte Martin [1993] Times, 2 June.

Court decision

The court's decision in this case was that access may be denied if it is detrimental to the patient who requests it, i.e. if it may cause physical or mental harm to the patient, or may reveal confidential information about a third party.

Statutory law, such as the Access to Health Records Act 1990 and Access to Medical Reports Act 1988, aided the judge in his decision. Popplewell J decided that there is no unconditional right of access for patients, to medical records, at common law. The defendants had argued that they had an absolute right to refuse access at common law. The applicant took the view that he was entitled as of right to the records, that he was entitled to have access unconditionally and that, if he chose irrationally to be provided with information which may adversely affect him, then that was his right. Popplewell J did not accept this, as the applicant should be protected against harming himself or others. Therefore, patients' rights of access should be 'conditional.'

The ruling is protective, as it considers the patient's mental attitude or possible instability.

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