Hello all
During the course of what people seem to like to call “the journey” you may have had photographs taken, most likely at the hospital and most likely using their equipment.
I’d like to know if we are entitled to copies of these “shots”. Whose property are they? Are they classified as Intellectual Property if they are taken in the course of work? private work.
My surgeon wasn’t going to take photographs but I requested that some be taken of me before the last lot of surgery. This was done by the surgeon using either the hospital’s or the surgeon’s digital camera and I want to have the pictures and I would like, if possible, to insist that they are not propagated i.e. deleted from digital camera and that they are also not put into any digital or hardcopy albums.
Does anyone have any idea as to our rights in this regard please?
Reg.
Hi Regina,
This interests me too.
At one point during my “journey”, at an ultrasound appt., I made an informal request to see my MRI scans of the cancer site. I have to say that some of them were fascinating. I was doing neoadjuvant chemo to shrink the tumour, so it was I think, beneficial for me to be able to see the ‘thing’ and imagine it getting smaller…. At a later date I enquired about the images and the possibility of acquiring some of them. I was told point blank that they were the property of the NHS, so no way!!
Well, at the time, I just wanted to carry on getting through treatment. But since finishing, I’ve been thinking about the images, (and having a read of my files) so, yes if anyone has any in depth info about this, I too would really like to hear about it. I do have some knowledge of intellectual property & copyright issues, but really no idea how it applies here.
Lxxx
I believe in my hospital all of these scans go onto the computer and sent to onc etc. I can say that upojn request i have also had them sent to me too via e mail/ So that should be possible for you one would have thought.
As far as I am aware the creator of a photographic image (or the person employing the photographer) retains copyright of images. So yes the NHS owns them. However - I would think that if you were prepared to pay for reproduction and admin costs then the NHS haven’t a legal leg to stand on in preventing you from acquiring copies.
Yes, msmolly, that’s what I would think….I mean we didn’t sign a release form (as models do) …or did we? LOL
Celeste, think I will try & request my images & see what happens. Of course, I can’t even get through on the phone to make a clinic appt. at the moment……
LXXX
My surgeon showed me a photograph of a patient who had had my (quite new) type of mastectomy but he was at pains to point out that she’d offered to be photographed and had signed a release form before it appeared in a journal. I found it useful to see his handiwork before the operation so have mentioned that I wouldn’t mind mine being photographed but only because I know that I’d have to be asked each time it was used…
I think msmolly is right: the NHS owns the images. BUT you as patient are entitled to copies because you are entitled to all your records. You would probably have to pay as you often do for copies of other notes. I believe there is a cap on payments made for copies of notes/scans etc.
Jane
When I was first diagnosed I had to have an MRI. When I got my appointment letter and info sheet I was informed I could have a CD of the MRI for the sum of £25. I was tempted - it would have been interesting, but I thought £25 was a bit steep. So it seems that the NHS is willing to provide this information, but at a price.
£25 is absolutely extortionate. I think in these heady days of Freedom Of Information I would ask them to supply detailed information for that costing - and find out where the money goes.
Sounds like a completely random figure to me and some profiteering is going on. We should expect to cover basic costs only.
Hi all,
I have posted below a reply from BCC’s web nurse in relation to this discussion.
Jo, Facilitator
All records and images, including ultra sounds and photographs, taken by the hospital belong to that hospital. However, you are entitled to copies of any record that is kept. You would need to apply for a copy and a charge for this is usually made. All records kept are covered by the same confidentiality agreement whichever format they are kept in. If any photograph or image was taken with a view to publication the patient would need to have given written consent to give permission for that image to be used.
These web sites may be of interest:
nhscarerecords.nhs.uk/
ico.gov.uk/what_we_cover/freedom_of_information.aspx
Jo,
Thank you, that’s very helpful.
All,
Over the past couple of years I have paid quite a sum here and there for copies of surgeon’s notes, oncologist’s, hospital records, ward notes and GPs’ notes - the most valuable of all because they often contain copies of letter from surgeons and oncologists and you can see exactly what has been written about you and get annoyed about the various inaccuracies and careless “right” when it should be “left”. It doesn’t always fill you with confidence but having the information means you can reply and correct them!!! The ceiling to be charged for these things is generally £50 but when you add in anything other then photocopying e.g. CDs with images etc. then they seem to be able to charge whatever they like and it gets pretty costly if you get referred from one surgeon to another because you usually end up at a different hospital starting a new pile of notes, another £50 in the coffers!! My surgery wanted to charge me 33p a sheet for copying so I offered to go in and do it myself. In the end they handed over a pile of incomplete notes and I ended up in there with them looking through every page to make sure I got copies of what they’d missed. Sounds paranoid but when you suspect a delayed diagnosis it is worth every penny to get the details lined up to hand a case to the Ombudsman. I have gone way off course!
Sorry.
Hi
I would like to say that you entitled by law to copies of anything that is in your medical file.
I have just sent in a form to request for full copies of my medical file. MRI scans etc are all part of this. You have to request it with a proper form from your hospital which verifies who you are, obviously for data protection. The costs for this with my hospital states that it could be anything between £10 and £50 depending how much of your file you want.
Pictures taken I think are different. My plastic surgeon has taken pictures of me regularly throughout my reconstruction. I have had to ask him for copies which he is very happy to do for me and in the process of putting them on disk. All these photo’s are of my chest only so I have no problem if he wishes to use them to show other patients of what to expect and what the outcome could be.
Hope this helps
Karen x
Regina you have not gone way of course, And I know exactly what you mean. I was told to go away because I was paranoid a year before I was diagnosed. so it seems we are gathering our medical notes for the same reason.
Good luck with it all
karen
If cancer patients are getting help with our prescriptions why the hell are we having to cough up so much for our medical notes?
I have been fortunate in that my hospital runs a computerised note system and they just print things off at random and hand them to me.
This whole business needs standardising and I think your MP should be made aware of how much your cancer is costing in randomly calculated admin fees.