SA Accessing Drug Test Medical Records - Breach of Privacy?

[Benn]

Hi, just wondering if its worth talking to a lawyer about somebody accessing a drug test (my medical records) via computer I took at a clinic a week ago. It was not addressed to her, but she still went through it and has openly discussed it with somebody that does not work at the clinic. I have proof of her saying she has my drug test results and asking if the other person wants to know the results?

What should I do?

 

[Sophea]

Who is this person who accessed your records? Are they an employee at the clinic?

In South Australia and other states, Health professionals are under strict ethical and legal duties to ensure patient information is kept confidential. Breaching this duty could result in the practitioner being disciplined or may enable the patient to sue for breach of confidentiality.

Check out the SA Legal Services Commission website Confidentiality

 

[Sarah J]

Hi Benn,

There may be a breach of confidentiality and professional ethics here.

• Who was the person that accessed your records?
• Who did they disclose it to? (i.e. are they hospital staff, should they have been privy to your information)
• How did they access your records? (i.e. did they legitimately access it or was it a hack)
• Were you identified in this person's disclosure to the third party?
• Did this injure you in any way? (e.g. reputation damage)

 

[Benn]

To answer all the questions above, the person works there, shes is my partners mother but we have not got along since day 1 so she always has it out for me, she has discussed it with people who don't work there my partner and her extended family are some of the people she has told I have proof via text messages so its no hack. she accessed my documents through their main database at the lab. this has damaged my reputation as a person and a father. am I entitled to any compensation?

 

[Sarah J]

Hi Benn,
It does appear you may have a claim.

• If you wish to go down the legal route, you may have an action in breach of fiduciary duty and defamation (depending on the damage and what exactly was said by your partner's mother). Best to speak with a lawyer or community legal centre about your merits and whether it is worth pursuing (e.g. damage claimed is proportionate to costs spent in pursuing the claim)
• You can make a complaint with the hospital or a professional body such as the Medical Board of South Australia (if the hospital or your partner's mother is a member of the board)

Can you quantify the damage to your reputation? Compensation will be in a monetary sum which will need to be justified.