Ms X and the Health Service Executive (FOI Act 2014) [2016] IEIC 160023 (18 August 2016)

Ms X and the Health Service Executive (FOI Act 2014) [2016] IEIC 160023 (18 August 2016)

The HSE was justified in refusing to delete the entire record and in limiting amendments to the addition of clarifying statements regarding the date, diagnosis, and history, as the applicant did not provide sufficient evidence that the remainder of the record was incomplete, incorrect, or misleading.

Citation
[2016] IEIC 160023
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
18 August 2016
Procedural Posture
Freedom of Information Review / Decision on Review Under Section 22(2) of the FOI Act 2014
Outcome
HSE's decision varied and affirmed in part
Legal Topics
Freedom of Information, Amendment of Medical Records, Retrospective Record Creation
Administrative Law Health Law Information Law Freedom of Information Amendment of Medical Records Retrospective Record Creation

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review Under Section 22(2) of the FOI Act 2014

Legal Issues

  1. 1 Whether the HSE was justified in refusing to amend a medical record in the manner requested by the applicant under section 9 of the FOI Act 2014

Ratio Decidendi

The HSE was justified in refusing to delete the entire record and in limiting amendments to the addition of clarifying statements regarding the date, diagnosis, and history, as the applicant did not provide sufficient evidence that the remainder of the record was incomplete, incorrect, or misleading.

Court Disposition

HSE's decision varied and affirmed in part

Orders

  • Affirmed HSE's decision to add statements regarding date and diagnosis to the record.
  • Directed HSE to add a statement regarding uncertainty of LMP date and gestational age in the history section.