Husband may have to disclose medical records to a coroner

Praveen Halappanavar may be forced to disclose his wife’s medical records to a coroner in an inquest into her death.

Fri, 23 Nov, 2012 - 00:00

Dan Buckley and Sarah Stack

The 2005 Coroners Act could also be used to compel him to appear as a witness to establish the precise cause of his wife Savita’s death.

Mr Halappanavar is demanding that the hospital and HSE hand over his wife’s medical records in order to prevent the health service from conducting its own inquiry into her death.

However, it is unclear if he is entitled to possession of the records or whether his wife’s right to confidentiality transferred automatically to him as her next of kin.

Patient medical records can be disclosed without consent when it is necessary to protect others from serious risk of death or harm.

Guidelines set by the Medical Council state that the sharing of information may be justifiable in exceptional circumstances in the public interest.

They also say that in certain limited circumstances, disclosure may be required by law. These include when ordered by a judge in court, by a tribunal or a body established by an act of the Oireachtas.

Meanwhile, a medical consultant yesterday criticised the Government and the HSE’s handling of the case, saying their response was in contempt of the coroner system.

Dr Bill Tormey, consultant at Beaumont and Connolly hospitals, and who is also a Fine Gael councillor, said: “I consider the HSE and the Government’s response in contempt of the coronial system and inappropriate. The coroner is an independent inquiry and medical expert witnesses can be questioned in front of a jury.

“I am surprised that the Department of Justice has not pointed this out and the Attorney General should have informed the Government of this.”