Breach of Medical confidentility?

[Madamfluff]

I had a phone call yesterday

 

The caller asked is this Mrs XXXX when I said yes she then said she was from my Drs Surgery and proceeded to talk to me about a test that I should have - this is a female only test and indicated that I was overdue.

 

After I put down the phone I realised that she had not asked any security questions she did not ask me to confirm my DOB or address.

 

She used a landline number however even though I had confirmed my name she would have no way of knowing if I was speaking the truth I might have been the cleaner, I might have lived in a block of flats with a shared phone in a lobby, she had no proof that she was talking to the correct person only my word.

 

1/2 an hour before that I was on the phone to my contact lens supplier who refused to speak to me until I had answered security questions due to DPA issues.

 

Therefore has my Dr surgery breached both the DPA and medical confidentiality rules.

[Surfer01]

This happens often with doctor's surgeries and they don't bother with security checks. Sometimes they will even tell you if your spouse has an issue.

[adridude]

In the eyes of the NHS, a next of kin (such as partner) has full right to know about your medical records. This is done to protect you. Annoying as it is, you'll be thankful if you have a hidden history of heart problems and end up with a heart attack.

 

The next of kin would know immedately what the issue is.

 

On the other hand if you decide to pick up an STI from another woman, I guess the wife would be rather annoyed at finding out about it, but double shame on you for playing away ;-)

[Surfer01]

There are some things like cancer and other hidden disabilities that one may prefer to keep to oneself. Either way it is a breach of the DPA and there is no excuse. How would the person from the NHS know that they are talking to the partner and not someone pretending to be the partner?

[nolegion]

Have to agree with Surfer01 on this.

 

Other than where a patient lacks capacity (eg. children or those suffering from, say, dementia) there is no automatic ‘right’ for ‘next of kin’ to know anything about a patient’s medical advice or treatment.

 

And a doctor who tells eg a spouse details of a consultation without consent will be in breach of professional confidentiality obligations quite independently of any breaches of statute (i.e the Data Protection Act).

[adridude]

You might want to execute an SAR on your surgery's records. THere might have been a form in there which "gave consent" as I've seen in the past "do we have consent to contact your next of kin".

[zippygbr]

In the eyes of the NHS, a next of kin (such as partner) has full right to know about your medical records. This is done to protect you. Annoying as it is, you'll be thankful if you have a hidden history of heart problems and end up with a heart attack.

 

The next of kin would know immedately what the issue is.

 

On the other hand if you decide to pick up an STI from another woman, I guess the wife would be rather annoyed at finding out about it, but double shame on you for playing away ;-)

 

'Next of Kin' has no meaning in law, if you are competent and have Mental Capacity any disclosure outside of the clinical team should only be made with your full consent.

 

as for the STI scenario, this is why GU Med Notes are kept seperately and you do not have to give your real name at a GU Med clinic.

[jackieandwayne]

On the other hand, it WAS you, and you have been notified of a test that you really ought to have done, so they have your interests at heart. You're lucky, my surgery rings up and asks for "Jacqueline" and then just chat on as if I was stood next to them. But we are used to each other, and until I read this I admit I hadn't given the subject a thought. Why not speak to the practice manager or one of the GP's about this.

 

Now, if this were a debt collector or some other person who did not have my best interests at heart then, yeah, I'd have a go at them.

[adridude]

Then again, the "confidentiality" and that of todays world eliminates the humble family doctor It'll all very formal now...

[zippygbr]

Then again, the "confidentiality" and that of todays world eliminates the humble family doctor It'll all very formal now...

 

oh yes. the traditional family doctor gossiping in the pub / golf club and his gossip-monger receptionist, an identified reason why various demographics do not trust their GP and have to resort to long journeys by public transport from their rural community to access essential advice and treatment ...

Edited January 27, 2011 by zippygbr

[jackieandwayne]

Give me my old Gp back please. He just retired at Xmas after 42 years - he was ancient. He knew me from 6 years old, and that guy knew every one of his patients by first names, and never forgot those that he delivered himself "in the old days". On his last day the surgery was packed with well wishers and he actually had a tear in his eye when he came out and realised just how well loved and respected he was he was.

 

I remember my mum taking me with her when she went to ask his advice smoking about a chronic smokers cough she had, he was sat there chuffing his pipe. I still love the smell of pipe smoke even now.

 

When I said to him "what if these painkillers cause an addiciton?" he said "well, you shall have to stop taking them then won't you!!"

 

And anyone going in with any giddy complaint "take more water with it".

 

Fortunately he was the head honcho of the practice and has impressed very strongly on the new GP's how they should be with patients. Wouldn't change my surgery for anything, run by real people, and I have a lot to thank them for.

[adridude]

When I said to him "what if these painkillers cause an addiciton?" he said "well, you shall have to stop taking them then won't you!!"

 

And anyone going in with any giddy complaint "take more water with it".

 

lol my old GP was like that when I was young.... I remember when I was about 13ish I was throwing a small hand garden fork up in the air and making it peg in the ground... Enough said.. it ended up in my foot. My dad took me to the docs, and he had to clean it out by washing it out with something that stung like hell.. so I was whinging... lol all he said to me was "shut up and face the other way"... and he carried on hahaha.

[jackieandwayne]

Iodine - foul stuff, stings like a b******.

[adridude]

no that was afterwards, I think he washed it out with saline or something ebfore putting betadine (iodine) on it

[jackieandwayne]

Oh you are lucky then, we had an old uncle living with us when i was growing up. He'd been a voluntary first aider in the War in London. He loved iodine and he also loved being called upon for help! After the "sitting on a 6" nail" in a plank of wood in the garden business about 35 years ago, I wouldn't let him and his bloody bottle of iodine anywhere near me! Anyway that particular incident required a tetnus job via the old GP! So I had a great day all round that day!

[adridude]

nothing worse than a bright orange and stinging butt LOL!