You don’t need a lawyer. Write to the hospital and the NHS trust stating that you are making a Subject Access Request and set out exactly what information you want ... the corrected biopsy report, all records relating to the investigation of the error, and anything else that you think you may need. As long as you are specific about what you want and you are only requesting records relating to yourself, the hospital and Trust have a limited period of time to respond and cannot argue that the request was too broad or that it would take too long to gather the information. If they do not reply within time they have breached their statutory duty and you can complain to the Information Commissioner’s Office.
There is good advice on the ICO website about how to make a SAR https://ico.org.uk/your-data-matters/your-right-of-access/
The relevant hospital and trust should both provide information on their website about who to send a SAR to but the law says that even if you sent it to the wrong person or department, that does not affect their duty to give you the information within one month. If they cant provide it in one month, they must write explaining to you why they need more time.
Interestingly, the vast majority of cases being investigated by the ICO relate to NHS organisations.
Edited by moderator 23 Oct 2023 at 15:14
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