NSW Can We Sue Hospital Under Privacy Act?

[Linda904]

My husband went to hospital to have his prostate out as he had prostate cancer. He wanted it kept confidential between him, his doctor & the hospital as we live in a small community. After he was discharged, he received 2 letters in the mail containing confidential discharge information.

My husband's name, address, dob etc were on each page of these letters but they were discharge information of 2 other patients from the same hospital. My husband is now sick with worry because if he has their detailed discharge information, have they got his?

He rang the hospital with his concerns but was ignored. Could we sue the hospital regarding the privacy act?

 

[Iamthelaw]

It's difficult to say whether he has a cause of action against the hospital as for all you know, he could have just received the information pertaining to the other patients whereas his information is still safe and hasn't been sent to anyone else other than him.

If you aren't getting anywhere with the hospital and are not satisfied with the response, you could lodge a complaint with the Office of the Australian Information Commissioner (OAIC).