Most disclaimers on medical records and doctors’ notes have no practical application — and you may be in breach of the privacy legislation, as well as causing a lot of unnecessary angst, if you refuse to comply with a request for notes.

Helen, a practice manager at a small suburban GP clinic, recently called the medico-legal team at MDA National.

“We’ve received a really formal looking letter from the Office of the Australian Information Commissioner (OAIC). It says we may be investigated if we don’t provide the medical records to one of our patients,” she said.

The matter arose because a long-term patient of the practice, Mrs Jones, had an ongoing claim against the local council for a slip and trip on the library steps. One of the concrete steps had broken and hadn’t been repaired, despite numerous requests.