NSW Medical negligence / privacy

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Jimminy

Active Member
20 February 2018
6
1
31
Hi there. I recently asked for help from the community mental health team. the doctor wrote a referral for an ECG and listed the wrong doctor to receive a copy. I told her so and she repeated the mistake. The 'wrong' doctor only treated me for an ankle injury at A&E. Although I told the doctor who my GP was and wasn't sge sent a report to the wrong doctor and it happens that my son works at the wrong doctors surgery and received the report by fax. The damage cant be undone. And it breaches my sons rights to privacy also. Im in a small town and we are the only two with the same surname. Help please as to whst I should do. Must add I have debilitating anxiety and this has made it worse. Thanks
 

faustus

Well-Known Member
26 November 2016
34
3
124
Just to clarify, are these your concerns:

1. You son knows you have mental health problems?
2. The GP, whose clinic your son works at, knows that the parent of one of their employees has mental health problems?

This matter is a little complicated, but yes. You would need to explain more about who knows what as a consequence of the breach.

I am going to assume that the community mental health service provider is a government agency:

Complaint 1. The provider failed to keep accurate health records relating to your treating/referring doctor, which was a breach of Health Privacy Principle 9.
Complaint 2. Following from the above breach in HPP 9, the provider accidentally but inappropriately disclosed your health information to the party, which was a breach of Health Privacy Principle 11.

This is where the problem could emerge, however: Complaint 3. Your son may have accessed health information to which he was not lawfully entitled... this depends on whether he continued reading fax, etc.
 
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Jimminy

Active Member
20 February 2018
6
1
31
Hi Faustus. I just found your answer. No he didn't continue to read the report. He was too embarrassed. He quickly carried out his duties and filed it before anyone found out. He knows I have issues but I hadnt told him about seeking help. The treating doctor got run over by a bus and died. the matter is set for hearing in NCAT. They haven't followed their own policies (numerous staff) so now the question is about evidence for which I have written a new post.
Thanks