Mum Injured while at the Hospital.

marywooyeah

agree with meritaen - I also think it highlights just how incompetent they are if they can't even send you your own notes as you asked for them and breaching the DPA is another thing you can add to your complaint.

meritaten

Jojo_the_Tightfisted wrote: »

That's a serious breach of confidentiality - I would be contacting the chief exec and requesting that, as you have been provided with the details of patient x, number m0000xxxx confidential medical records, can you assume that a complete set of all notes relating to you mother, Mrs Y, number m0000yyyyyy will be couriered to you immediately, and should you send the copies to the patient and let them know you have their private details or should they be sent to the PCT to take up with the Trust themselves?


(I'm ex NHS staff - not only should the legal department have looked over the request from PALS, the secretary should have done it properly AND the consultant should have checked it before she sent it). There will also be someone responsible for Data Protection in the Trust who will be spitting feathers when they find out about it.


Oh, and keep everything you have received, as you may well find that the whole thing is denied if you actually do send them back.

VERY good advice - dont send back the originals they sent you - send copies - but you dont HAVE to!

FBaby

This is indeed very worrying and you need to report it. The best thing to do at this stage is to go via your pct rather than the hospital itself. Contact their PALS (they will be different to that of the hospital) and tell them that you want to report an incident. They will need to investigate and they won't want to cover for the hospital.

Alternatively, you can contact the Information commissioner office although they do tend to deal with bigger data protection breaches than individual ones, but they will probably be able to advise you.

In regards to your mum's notes and your worry that not everything has been included, ask your GP. He won't have all the hospital notes, but will have the A&E report and discharge forms, and maybe more. There might be something in there.

lindos90

Thanks for all your replies. My mum wanted to see her notes to satisfy her own curiosity really as the reply from the chief exec really didnt answer or admit anything. Unfortunately these records do not give any firm evidence that the incident happened either (they must have realised at the time that if they documented something like 'known osteopersis, possible wedge fracture due to incident in clinic' that they were writing ammunition that could be used if we did complain.

At the time I assumed they had not done a incident report, but to be honest I thought that would go against them and they would be in even more trouble for not doing one, as it turns out, no documentation means they can deny anything actually happened.

My mum did recieve some of her notes, all of it wasnt hers, I dont have someone elses complete notes just a few mixed up with my mums.

Possibly you are right though, and although we are unlikely to get an admission, apology or member of staff disciplined, It could be that these other patients notes could be a way forward for my mum to feel some kind of justice, especially like you say, that the hosptial will be very worried indeed.

they have denied the origional incident, as there is no evidence, however the other patients notes in with my mums, is certainly 'evidence' in itself. never occured to me!

I was just urked to think that my mum would have to pay £25 for lots of blank sheets and details of someone else!!

meritaten

my best advice to you is to get legal advice. Use a firm of solicitors specialising in Medical Negligence. If not the one I pm'd you, then one with a good reputation locally.
The fact there is blank pages amongst your mums notes could mean they do have evidence - but have deliberately not disclosed it! all is not lost and if your mum would feel that even a conviction under the Data Protection Act would go some way towards her getting justice - then go down that route. That way you prob wouldnt need a solicitor as a complaint to the DPA should be enough to get THAT ball rolling!

here is a link to the relevant page about complaints for Data Protection issues

http://www.ico.gov.uk/complaints/data_protection.aspx

lindos90

meritaten wrote: »

my best advice to you is to get legal advice. Use a firm of solicitors specialising in Medical Negligence. If not the one I pm'd you, then one with a good reputation locally.
The fact there is blank pages amongst your mums notes could mean they do have evidence - but have deliberately not disclosed it! all is not lost and if your mum would feel that even a conviction under the Data Protection Act would go some way towards her getting justice - then go down that route. That way you prob wouldnt need a solicitor as a complaint to the DPA should be enough to get THAT ball rolling!

here is a link to the relevant page about complaints for Data Protection issues

http://www.ico.gov.uk/complaints/data_protection.aspx

Thanks for the link, but reading it, it seems more about complaining about my mums information, not the other persons information. Would it not have to be the other person making the complaint, as the hospital didnt protect their data IYKWIM?

Counting_Pennies_2

Sadly sorry is too big a word for hospitals to say.

I fear it might be down to the compensation culture. If they say sorry and admit something, it might cost them a lot of money!

I too had a dreadful time when having my two children. The second time was much worse and a life threatening situation, where they battled for two hours on an operating table with me awake and aware of everything going on. In the postnatal ward I was given an over dose, accused by a nurse of overstaying my welcome (2nd day after harrowing c-section that went wrong and a baby under special care) a ceiling fell in over my and my baby's bed with toilet waste pouring in a day later. My drain and swab torn off without any pain medication. Hours and hours without medication on a regular basis, books said they had been given, they had not (someone clearly wanted some meds!) The list goes on.

I put in a complaint and went to see someone. Never was an apology uttered. In fact I was told, yes it was serious, but you didn't die. It slipped out that the nurse administering the drugs, or not, or the wrong, or overdosing, was on a warning. The rest was disregarded.

Sorry does not feature. In fact going back over the facts some three months later when an audience with the consultant was granted, was very harrowing, and so incredibly upsetting that I spiralled further into PND.

I am afraid you will not get far with the NHS complaints system.

I would instead focus on getting as much assistance from your GP for specialist care to help her now, and keep badgering them on that angle.

Good luck and take care

meritaten

lindos90 wrote: »

Thanks for the link, but reading it, it seems more about complaining about my mums information, not the other persons information. Would it not have to be the other person making the complaint, as the hospital didnt protect their data IYKWIM?

NO, you can still complain that another persons details were given to you! That is within the remit of the Data Protection Act itself.

The page is giving general advice and advice on HOW to complain. within your complaint you can
complain that the Data was incomplete
that it contained blank pages where you would expect data
that it also contained details of ANOTHER persons medical notes
that you believe that data has been withheld

This is really where you need advice - you dont know which aspects of the Data Protection Act apply - and as it is linked to medical negligence - then I would consult a Med Neg solicitor. NOT all the No Win No Fee firms are bad! and it wouldnt cost you anything to consult them!

You DO NOT have to engage any solicitor you consult! but it may be worth ringing a couple of the No Win No Fee to see what they say! then make up your mind if you want to use them or just put in a complaint to the Data Protection Commissioner - which wont cost you anything - but you probably wouldnt get any compensation!

jenhug

a friend of mine is a victim of medical negligence and falsified notes, she has now contacted a solicitor and they said because our hospital has such poor history in these areas she has a strong chance of success if she sues. I would suggest you take legal advice.

ciderwithrosie_2

Copied notes contain blank pages to show exactly that - there was nothing on the page, say the reverse of a form that wasn't written on but could have been, otherwise it could be thought that pages were missing.

I work in an NHS department that deals with complaints, incidents, litigation (although this is not directly my job) and people's experiences in this thread are very distressing, but I'm also finding the conspiracy theories rather disturbing, when I know how dedicated, caring and thorough our team are in trying to resolve complaints - there is no cover up, no hiding of notes, we try to be as open and honest as possible and always apologise for the patient's/relative's experience as a given, if we are in the wrong then we hold our hand up for it.

However, if there was no incident recorded (although there should have been) and staff can't recall the event then it is really difficult to investigate and little to tell the complainant. What we can do is ensure procedures and training are tightened up and monitored so that a similar incident doesn't happen again and usually offer a concilliation meeting. With part of another patient's notes being enclosed in error, then this does need reporting, but contact the hospital's complaints department or write to the chief executive first. PALS is more for immediate issues, advice and liaison/advocacy and more formal complaints will be dealt with by the complaints team.

regards CWR