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In summary

A Melbourne woman's experience of being wrongly declared dead following a hospital identity mix-up highlights why accurate medical records are so important. Errors in medical records can affect treatment, create confusion, and have serious personal consequences.

Patients generally have the right to access information held about them by hospitals, specialists, and other healthcare providers. If you believe information in your records is incorrect, incomplete, or belongs to another person, you may be able to request a correction.

Accessing your medical records can also be an important step if you have concerns about the treatment you received and want to better understand the decisions made about your care.


A Melbourne woman is still trying to untangle her medical records months after a hospital identity mix-up resulted in police wrongly informing her family that she had died.

As reported by the ABC, the patient’s medical information was allegedly mixed up with another woman who had a similar name and date of birth. The mistake ultimately led to a devastating chain of events, including her family being told she had passed away and unrelated medical information appearing in her records.

The circumstances are extraordinary. But the story highlights an important issue that affects every patient: mistakes in medical records can happen, and people have a right to access information held about them.

Why accurate medical records matter for your healthcare

Medical records contain information that healthcare providers rely on when diagnosing conditions, recommending treatment, and providing ongoing care.

If information is incorrect, incomplete, or associated with the wrong patient, it can create confusion, delay treatment, or raise questions about whether healthcare decisions have been made using accurate information.

The ABC reports that the patient discovered another woman's appointments and medical tests had been incorporated into her own health records.

While the hospital is reviewing the incident, the case serves as a reminder that patients do not have to simply accept what appears in their records. Patients have the right to access information held about them and, where appropriate, to seek corrections.

How to access your medical records

The process depends on whether you received treatment through a public or private healthcare provider.

Public hospitals

For treatment received through a public hospital, patients can generally request copies of their records through the Freedom of Information (FOI) process under the Freedom of Information Act

This allows individuals to access documents held by government agencies, including public health services.

Private hospitals and private practitioners

For treatment received through a private hospital, specialist or clinic, requests are generally made under the Health Records Act.

Importantly, patients do not need to be involved in a legal claim to request their records. In most circumstances, they are entitled to access information held about them.

What to do if your medical records contain errors

If you identify information that appears incomplete, or relates to another person entirely, it’s important to raise the issue with the healthcare provider as soon as possible.

Depending on the circumstances, you may be able to request that records be amended or that a statement noting the disputed information be added to your file.

The process can be complex, particularly where multiple providers or government systems are involved, which is one reason many people seek assistance when significant record discrepancies arise.

Why medical records can be important when concerns are raised about treatment

For patients who are concerned about medical treatment they received, obtaining medical records can be an important first step. Records may contain information about:

  • diagnoses and clinical assessments
  • treatment recommendations
  • consent discussions
  • pathology and imaging results
  • surgical reports
  • follow-up treatment plans

Medical records can play an important role in understanding what treatment was recommended, what was performed, and why particular decisions were made. They can also help identify errors, clarify what happened during your care and, in some cases, provide important evidence when questions are raised about treatment.

Understanding your rights as a patient

If you're concerned about a possible error in your records or the care you or a loved one received, Maurice Blackburn can help. Our experienced medical negligence lawyers have helped Australians investigate concerns involving hospitals, specialists, surgeons, and other healthcare providers. We can review your circumstances, explain your rights, and provide an honest assessment of whether further investigation may be appropriate.

We offer free, confidential consultations with no obligation. Contact our medical negligence team today.

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Our team of expert medical negligence lawyers are here to help you understand your legal options and to achieve the best possible outcome for you. Our No Win, No Fee policy means that if we don't win, you don't have to pay our legal fees. 

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