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Medical records given without consent

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Comments

  • totum
    totum Posts: 30 Forumite
    trying to turn it round to make it the OP's fault isn't just rude it's also insulting - she's clearly trying to get to the bottom of the incident and demonstrating a high level of concern for her daughter.

    OP I know you're getting a lot of flack but I believe you, even though the NHS is supposed to be professional it's not always the case and I personally suffered a highly traumatic event at the hands of the NHS and met with brick walls every time I tried to complain - is it worth asking for a meeting with this man and the manager? not sure if you already have, might be worth a shot to try to get to the bottom of it

    thank you for your support - we were offered a meeting with the director of the practice and his area manager, however, my father had just passed away and at that point and I was too upset to even contemplate a meeting. We are seeing a lawyer on Friday and will seek her opinion on the matter.
  • LannieDuck
    LannieDuck Posts: 2,359 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    totum wrote: »
    I agree, my sister-in-law (social worker) says that any referrals she has had from the NHS (there has not been many) that they would merely phone social services to make the referral, they would then need to put the referral in writing. It would then be up to social services to contact the GP and school. she thinks it highly irregular that an NHS employee would be allowed to 'investigate' prior to a referral to SS. she also thinks it is highly irregular for a GP and school to disclose this information to anyone but SS. I am waiting on the head teacher phoning be back, will be interesting to hear what she has to say for herself!

    I agree - it will be interesting to hear what the head says. They may be able to shed some light on the justification (or lack thereof) for the request.
    Mortgage when started: £330,995

    “Two possibilities exist: either we are alone in the Universe or we are not. Both are equally terrifying.”
    Arthur C. Clarke
  • LannieDuck
    LannieDuck Posts: 2,359 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    totum wrote: »
    thank you for your support - we were offered a meeting with the director of the practice and his area manager, however, my father had just passed away and at that point and I was too upset to even contemplate a meeting. We are seeing a lawyer on Friday and will seek her opinion on the matter.

    I would get back in touch and take them up on their offer. I think you need to start meeting people face-to-face to get some sort of sensible explanation. At the moment it's a lot of chinese whispers.

    Good luck with the lawyer.
    Mortgage when started: £330,995

    “Two possibilities exist: either we are alone in the Universe or we are not. Both are equally terrifying.”
    Arthur C. Clarke
  • totum
    totum Posts: 30 Forumite
    FBaby wrote: »
    But can't you see that your breakdown is showing an accumulation of events that don't make sense.
    1- the physio who is only a receptionist. That in itself is very odd and indeed, would involved an immediate red alert.
    2- yet the practice didn't seem at all concern by it
    I don't know if they were concerned by it - in the response from the practice and PCT - they did not comment on the the man's behaviour. their only concern was to cover themselves by saying that "although **** does not have any physio qualifications, it is not unusual for unqualified staff to carry out such duties"
    3- yet the PCT didn't seem at all concern by it
    see above
    4 - yet the GP didn't seem at all concern by it
    GP did not know about complaint
    BUT
    - GP is concerned about your DD mental health
    NO HE IS NOT - My daughter has NEVER sought advice over mental health!
    - GP provides medical information to a stranger
    ? my point is that he shouldn't have
    - Social Services are called, yet they too don't show concern over this receptionist.
    They, as far as I'm aware. Did not know that the complaint was against this man! they certainly did not mention the man's name when speaking to us and kept referring the the referrer as the 'practice'!

    So either this is very serious case of conspiracy across a number of agencies, in which case, I would prompt you to go straight to the ambusdman, or, this is a lot of confusion as to what really happened. I would tend to believe that it is much more likely to be the latest as these kind of situations do tend to be confusing, whereas I can't see a cause of such a level of conspiracy relating to your daughter and family. Saying, that I hope I am right as otherwise it would be an extremely concerning case for the way the NHS is operating as a whole.

    Well I'm leaning towards conspiracy
  • totum
    totum Posts: 30 Forumite
    I found this
    http://www.medicalprotection.org/uk/booklets/medical-records/public-interest-justification-to-breach-confidentiality

    Child protection

    In any case involving the welfare of a child, the child’s best interests are paramount. This may require disclosure of confidential information about the parents to Social Services and/or the police. As a matter of good practice, the doctor should always explain his/her responsibilities to the parents and, where possible, obtain their consent to disclosure, except in rare circumstances, where to do so would put the child at increased risk.

    So it is saying they can only disclose the information to SS/police. The latter part I guess means if the child is in danger of further abuse/or kids find themselves pressured into lying if parents find out that SS are on to them.
    This in any event would not be relevant to my daughter as there was no abuse claims! In fact SW said and sister-in law said, even if what he said was true, it still would not be a child protection issue..
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    You need to make an appointment to speak to the GP surgery practice manager, also ask them if they record telephone calls. When your GP recorded the telephone conversation onto your daughters records the date and time will have been registered onto the system so the practice will be able to find the actual conversation.
    Its evidence that you need, so gather as much as you can from all people involved, dont make phone calls turn up at the school, SS office and GP practice and ask to speak to the relevant people.
    Dig your heals in with them, after all if this guy hasnt done any wrong he hasnt got anything to worry about has he.
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    totum wrote: »
    thank you for your support - we were offered a meeting with the director of the practice and his area manager, however, my father had just passed away and at that point and I was too upset to even contemplate a meeting. We are seeing a lawyer on Friday and will seek her opinion on the matter.
    So you turned it down instead of re-scheduling?
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • piglet25
    piglet25 Posts: 927 Forumite
    Stoptober Survivor
    You have my sympathies here - I know from first hand experience how they good old NHS likes to cover things up. My experience is different, in that it was a dentist. After giving me 11 (!) injections and performing a back tooth extraction so lots of blood around, he saw fit to shove his tongue down my throat the dirty 'stard. He had sent the assistant off for dinner. When I complained I was told that I must have misunderstood his actions and that the NHS is very short of dentists don't I know? In other words, keep it quiet or it will be your fault when half the cities teeth drop out. This man is still practising.
    Please pursue your complaint and don't let them put you off :)
  • LannieDuck wrote: »
    I would get back in touch and take them up on their offer. I think you need to start meeting people face-to-face to get some sort of sensible explanation. At the moment it's a lot of chinese whispers.

    Good luck with the lawyer.

    this sounds like a good plan,and take someone with you!in an official capacity I mean.
    In fact, I wonder if the Social worker could accompany you,as she seems ,up to now, not to be "biased" in any way ?
    LIVE SIMPLY * GIVE MORE * EXPECT LESS * BE THANKFUL

  • LondonDiva
    LondonDiva Posts: 3,011 Forumite
    1,000 Posts Combo Breaker I've been Money Tipped!
    this sounds like a good plan,and take someone with you!in an official capacity I mean.
    In fact, I wonder if the Social worker could accompany you,as she seems ,up to now, not to be "biased" in any way ?
    This is not the social worker's remit.

    OP - are you making a complaint? I'm really nto sure what you're doing and where you are with the practice or the physio team.

    If you are making a complaint, these people can help you.
    https://www.nhs.uk/chq/pages/1084.aspx?categoryid=68&subcategoryid...
    "This is a forum - not a support group. We do not "owe" anyone unconditional acceptance of their opinions."
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