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WA Medical Records of Third Party Released - Breach of Privacy?

Discussion in 'Other/General Law Forum' started by Onthedownlow, 28 June 2016.

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  1. Onthedownlow

    Onthedownlow Member

    28 June 2016
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    Does anyone know what avenues I can pursue in the following scenario?

    A hospital released emergency room records that clearly identified me (incorrectly, all based on heresay of a parent of the patient) as being "currently investigated by police" and as having had "prior investigations by DCP". It also identifies my family tree including my children's initials.

    After requesting these same docs via FOI, all identifying mentions and accusations of myself and my children have been erased.

    The medical records that identify me have been presented as evidence against myself in two different courts .

    Do I have any course for claiming breach of privacy / defamation, etc?

  2. Rod

    Rod Well-Known Member

    27 May 2014
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    If the alleged accusations were in relation to sexual abuse of a child, then doctors and nurses and a few others have a legal duty to report the matter to the DCP. If the person making the original accusation did so knowing the accusation was false, then you have a course of action against that person.

    If, however, the person making the accusation was genuinely concerned, even if incorrect, then you are unlikely to have a cause of action against anyone.

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