Medical records given without consent

totum

pacific4130 wrote: »

Not necessarily saying you're wrong, but I find it very hard (as a med student and my partner is a surgeon) that a GP would give out information in the manner you suggested. Perhaps there has been some confusion over what exactly has been disclosed.

*Written before post #6

I have the printed correspondence in front of me and its says "I shared with **** consults I have had with ***** over the last year"

I asked him if he had given the man personal actual medical information and he confirmed yes!

Errata

Make a formal complaint to the hospital that one of it's employees is masquerading as a physiotherapist and (presumably) treating your daughter when not qualified to do so.
Make a formal complaint to the PCT about the GP and the hospital.
Make a formal complaint to the GP practice.
Make a formal complaint to the school.
Follow the complaints procedure in each of these organisations and make your complaints in writing.

LannieDuck

I think the GP probably acted in good faith, believing s/he was giving relevant medical information to a health professional. However, personal details should not be given out over the phone when the GP has no proof that the person they're speaking to is the person they claim to be.

You should definitely register a complaint. At the very least, the GP practice needs to implement better data protection policies. And the hospital should be notified that their (non-medical) employee is gaining access to medical information through false representation.

Edit: ...just seen that the school has done the same. That's another complaint. Gosh - there's a lot of breeches of data protection here. You're right to be upset.

totum

Tiddlywinks wrote: »

OP - You are drip feeding the story which is not helping...

Could you just give all the relevant facts so that you can get a useful opinion from folks on here rather than just mentioning the odd bit in each of your replies.

For instance:

Who exactly did the GP disclose information to?

In what format was the disclosure? Written or verbal?

It was verbal

What reason has your GP recorded for the disclosure?
child protection - a pop comes up on the screen to warn other medical professions about CP

What were the allegations relating to in regard to the disclosure?
That my daughter was suicidal/mental illness

Finally, are you saying that someone acted inappropriately with your underage daughter? What did you do about it at the time? What will you do about it now?
The man came into the room at the physio clinic and tried to treat my daughter - my daughter knew the man was not a physio and told him to leave the room, the man then started calling my daughter names/shouting at her etc.
We submitted a formal complaint to the practise and the reply was that although the man was not a qualified physio it is not unusual for him to treat patients! they did not supply an answer to our complaints regarding his behaviour. We then submitted a formal complaint (stage 2) to the PCT and was given the same answer! the man is still in his job so I do not believe anything action was taken against him.

Basically, what are the facts and what do you want to know?

I want to know if my GP and the school had any right to pass on personal information about my daughter.

totum

I should also add that my daughter was discharged 5 months prior to his conversation with the GP and he did not refer to social services until two months after speaking with GP/school.
i.e. he contacted the GP two weeks after we submitted the complaint to the physio practise and he submitted the referral to social services two weeks after our complaint to PCT!

LannieDuck

If they say it's not unusual for the guy to treat patients, do you know what his role is? How did your daughter know he's not a physio?

totum

pacific4130 wrote: »

I can't really offer much opinion as the details are so sketchy... even then...

Are you sure the GP didn't disclose the information directly to the relevant authorities investigating the issue? i.e. Police / Social services made a request for information as part of their inquiries? People like the Police can make a formal request for information - your GP may just have been complying with this request. Many people don't realise that patient information is completely 'confidential' - i.e. only ever between you and your Doctor.

If the GP truly did disclose patient information to some random person over the phone then that is a different matter entirely. If that is the case you need to refer that individual to the GMC.

I am sorry if its all a bit sketchy but as you can appreciate I have just found all of this out today- so I have not had enough time to digest and research all that's been going on.
I can only tell you what my GP said to me this morning - in that this guy phoned him -said that he had been treating my daughter and was her 'custodian', that he has concerns, namely her mental health and that 'meetings' had been taking place within the practise to determine whether to make a child protection referral but would like to know what sorts of things had my daughter been to see the GP about. My GP verbally told him all the consultations the GPs have had with my daughter over the past year. The man said he would update the GP if a referral to child protection was made and that he would put his concerns in writing....he did not get back to GP, police have not been involved, nor has he received any contact with social services. He has not chased up the man and has thought no more about it...but it still leaves my daughter with a note in her medical records that she is a possible CP issue!

totum

LannieDuck wrote: »

If they say it's not unusual for the guy to treat patients, do you know what his role is? How did your daughter know he's not a physio?

he works in reception!

Tiddlywinks

totum wrote: »

I have telephoned the social worker that came out to see us and she said the referrer had included my daughter's medical history and school reports with the referral! so now the bloody school has been involved and handed over reports!!! cannot believe this:mad:
she confirmed that no action will be taken and has notified the referrer that no action will be taken.
Its all so insidious

OK - so did the 'physio' chap make these enquiries with the school and the GP before, during or after your complaint about him?

As others have said, you need to make a formal complaint to each of the 'offenders'...

1. The GP - did he follow GMC / ICO guidelines when considering the request for disclosure. Use the internal / GMC and ICO complaints processes.

2. The school - did they exercise due dilligence in their management and disclosure of personal data?

3. The chap that made the enquiries with the school and the GP - you will need to dispute his right to seek and gain access to confidential records.

He may have been acting under the genuine assumption that your DD did have MH issues (suicidal) - make a request for a copy of the medical records to see what has been recorded.

Or, the chap could be obsessive - you need to see those physio records.

Either way, there should be a decision log which has recorded the concerns and the decision to make a report to social services.

miduck

totum wrote: »

he works in reception!

There is something missing from this story - a receptionist would not be allowed to treat a patient. As the PCT are saying this person is allowed to treat patients, he must be qualified/ authorised to do so (not necessarily as a physio). You need to clarify exactly what his role is - could he be a physio assistant?