By Eoghan Dalton
A Criminal Court judge has warned that University Hospital Waterford is increasingly declining Garda requests for medical records on information grounds.
Judge Eugene O’Kelly said UHW could be legally compelled to provide the records, as he claimed it is happening "more regularly" that medical records "are not being produced" for assault cases, despite requests by An Garda Síochána.
He was speaking today (Tuesday) during an assault case where a concern was raised that medical records for the alleged victim may not be able to be acquired as the man has refused to cooperate with the prosecution.
The court heard that the man was injured in an attack which resulted in a "slash" across his face. This man received "surgical intervention" at UHW following the incident, according to prosecution for the State, senior counsel Conor O'Doherty.
However, when gardaí contacted the hospital to request his medical records for the court case, they were told by its freedom of information office that they would need photo ID for the man before his medical records could be released.
"Is there a growing reluctance on the part of Waterford Hospital to provide records?" Mr Justice O'Kelly asked. "I'm hearing it more regularly that records are not being produced."
Mr O'Doherty said there appeared to be difficulty in obtaining records but said he would not go as far to claim the hospital, which has been contacted for comment, has become reluctant to provide records for court cases.
He indicated there has been a difference of opinion on the legal issues around the handling of the records between the hospital and gardaí and the Courts.
The judge said that while the medical records are "not essential" for many mid-range assault cases, defence teams are nonetheless "entitled to the records behind the reports" outlining injuries.
He noted further complications could arise if a person refused to provide their photo ID to allow gardaí access their medical records.
Garda sources locally said requests had previously normally been granted by the hospital but holdups have arisen following revisions to GDPR legislation in recent years.
