I had my privacy breached about 50 times while I was unwell at a private mental health clinic over 3 years. Only realised when I got well. Submitted two written complaints to management. Very poor response. More breaches. Have gone to health commissioner. Lots of negligence. Suffered major psychological harm. Also very, very small town, worried about potential impact on employment. Am worried about sheer number of breaches. Do you think I have a case to sue?
TAS Privacy breached 50 times at private mental health clinic
- Thread starter JaneSmith
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Maybe. Your post is short of sufficient detail to know for sure. And it is probably not appropriate to put more detail here.
If you have evidence of the breaches that can be proven to the satisfaction of a court, AND the health provider cannot use an exemption (such as you being a danger to yourself or others), then you probably have a chance of winning at court. How big a chance - impossible to say, but may be worth at least talking to a lawyer if that is what you really want to do.
You may need to disclose private and confidential details to the lawyer as they will first need to satisfy themselves you have 'legal capacity' to sue based on your illness.
If you have evidence of the breaches that can be proven to the satisfaction of a court, AND the health provider cannot use an exemption (such as you being a danger to yourself or others), then you probably have a chance of winning at court. How big a chance - impossible to say, but may be worth at least talking to a lawyer if that is what you really want to do.
You may need to disclose private and confidential details to the lawyer as they will first need to satisfy themselves you have 'legal capacity' to sue based on your illness.
I am no expert, but such places have what they call 'duty of care' Which means they are responsible for your well being under law. The duty of care obviously takes precedence over your privacy.
Having said that, the question remains did the clinic breach any of their own policies or did they breach any official government policy for such organizations?
Having said that, the question remains did the clinic breach any of their own policies or did they breach any official government policy for such organizations?
Clancy - there are laws these days protecting access to your health records. Commonwealth law certainly applies, and some state laws can apply as well. In Vic there are 2 state laws to consider as well as the Cth law.
Negligence is a possibility as well under common law where duty of care is but one element of a negligence claim.
Negligence is a possibility as well under common law where duty of care is but one element of a negligence claim.
I don't think the privacy issue is about health records? I mean, of course you would want and expect a health clinic to have full access to your medical records would you not?? But certainly it remains an important question if commonwealth or state laws were breached either regarding health records or any other privacy issue?
But also don't forget the clinics own policy.... you will have signed documents when you first went in, that will have their policies listed, if they breach any of those policies its a breach of the contract which is illegal even if it does not breach any government law.
Contract law is not applied to doctor/patient relationships.
While it is good you endeavour to assist people and obviously have life experience, your lack of knowledge in various areas has the potential to mislead people seeking guidance.
What is worse, staying silent and observing, or speaking up and confusing people even more? If you want to learn yourself, there are plenty of other avenues available to you.
Sometimes it is like being a bystander at an accident scene - you'd like to help, but in doing so you'd get in the way of a paramedic who really has the knowledge and tools to do the job to save the person's life. So should you get in the way of the paramedic, or stand back and watch?
While it is good you endeavour to assist people and obviously have life experience, your lack of knowledge in various areas has the potential to mislead people seeking guidance.
What is worse, staying silent and observing, or speaking up and confusing people even more? If you want to learn yourself, there are plenty of other avenues available to you.
Sometimes it is like being a bystander at an accident scene - you'd like to help, but in doing so you'd get in the way of a paramedic who really has the knowledge and tools to do the job to save the person's life. So should you get in the way of the paramedic, or stand back and watch?
This is a very sad and disappointing post. The website is here for the very purpose of allowing people to try to be helpful or be helped. Law answers obviously don't want to make responses exclusive to the elite, there are other sites were you can go for that, it is not how this 'community' site works.
I didn't like writing my post.
There are section in these forums where I don't post because I don't know enough. There are some posts where I think I'd like to comment but don't because I'm not sure what I say would be accurate.
I'm not perfect and I've made mistakes so I'm not suggesting I am perfect.
What I am suggesting is that maybe self-examination is necessary in some instances and thought given as to whether you know enough to comment. No different to what I do. I am not saying don't post, I am saying have a little more care so that you help rather than confuse.
There are section in these forums where I don't post because I don't know enough. There are some posts where I think I'd like to comment but don't because I'm not sure what I say would be accurate.
I'm not perfect and I've made mistakes so I'm not suggesting I am perfect.
What I am suggesting is that maybe self-examination is necessary in some instances and thought given as to whether you know enough to comment. No different to what I do. I am not saying don't post, I am saying have a little more care so that you help rather than confuse.
Thank you both for your replies. I wasn't a danger to myself or others, it was a private clinic, not admitted against my will, I can't think of the term.
I will be taking it further, just due to sheer volume of breaches, and some major negligence
Thank you both for your replies
I will be taking it further, just due to sheer volume of breaches, and some major negligence
Thank you both for your replies
Your taking a long time to say one simple thing - which is don't post unless you think you have something which may be of benefit - this i agree.
Although sometimes if i see a post with no responses, i may start a conversation to get more information flowing and hopefully then someone else can use that information to be more helpful? - but quite often the OP is ignored and the help comes as just a criticism of something i said instead. so in that sense it is more helpful to be less helpful and simply ignore the unresponded post.
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