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SA Access to Medical Records - Breach of Doctor Patient Confidentiality?

Discussion in 'Other/General Law Forum' started by Rachel OHanlon, 2 August 2015.

  1. Rachel OHanlon

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    I am a married 40 year old who suffers with bi polar. I do not have a relationship with my parents due to this, my doctor was fully aware.

    Last week, I had a friend come to inform me that my mother and daughter, who are not my carers and I had not signed any authority to disclose medical records or information regarding my health, had an appointment with my doctor regarding sending me to a mental institution they also discussed my health medications I am currently on. As I don't have a relationship with my mother she contacted the friend and told her that she needed to attend an appointment with me otherwise I would be detained. There was no grounds for this to happen I work full time and take my medication regularly.

    Has my doctor, who I have now lost all faith in, breached Doctor-Patient confidentiality? If so, what can I do about this?

    It has really up set me.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Rachel,

    health services or a person who is employed in a service are generally prohibited from disclosing information that could directly or indirectly identify you, if they do disclose such information, they have committed an offence under state health legislation. However there are exceptions to this.

    For example, a doctor is allowed to divulge confidential information regarding your condition to prevent a serious or imminent threat to the life, health, safety or welfare of an individual or a serious threat to public health, safety or welfare.

    There are however usually, avenues to lodge a complaint if you feel that your rights have been compromised. I would contact the doctor first and give him or her the chance to respond. If you are dissatisfied with their response, you may contact the Health Ombudsman of SA. Welcome to the Ombudsman South Australia website.
     
  3. praxidice

    praxidice Well-Known Member

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    There are provisions in Queensland law and presumably in equivalents elsewhere, whereby courts can demand medical information. Is it possible there is some legal action underway that provides a member of the judiciary with an excuse for getting their hands on your records ?? I've seen this happen regularly with the kangaroo court QCAT, the members of which have the belief they are empowered to do absolutely anything with the flimsiest reason and unfortunately they generally get away with this nonsense because there is no accountability. A recent matter saw a QCAT member collude with a tame medical practitioner to arrive at a report extremely prejudicial to the victim and very advantageous to QCAT. The victim had no warning and had no access to the report until it was too late to object. To the best of my knowledge there are no safeguards to control and monitor this stuff.
     
  4. Tiphino

    Tiphino Member

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    Have you yet set up your E-Health facility? i.e. via your MyGov account. Having done so, go into and Edit who you Do, or Do Not want to Access your Records. Any Medico accessing in future would need to comply with whatever setting you have specified, and you would now also have something in writing (via a print out) of any access to your Records. For example, you will then be able to present evidence of Dates when Dr * or others, have accessed your Records, and especially poignant when they are on Dates when you yourself wasn't in a Consultation at the time.
     

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