Breach of confidentiality - advice please
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Topic: Breach of confidentiality - advice please
Posted By: caraMel
Subject: Breach of confidentiality - advice please
Date Posted: 10 September 2010 at 7:57am
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I found out that someone I saw in a medical capacity knows members of my family and has told them that I went in to see her (after 'meeting' me at a lunch, where I introduced myself and gave no indication that I had met her before which I thought made it clear that I did not want it known).
She did not divulge any personal information that I am aware of but saying I had seen her is enough, the place she works is specialist area and family member works in a similar field, different agency. I do not wish to make trouble for my family member, they did not initiate or engage in conversation about it (that I am aware of) but I feel quite betrayed and yuck that the 'professional' I saw in confidence would be so casual about mentioning it to others. What I'd like to know is, am I within my rights to complain about this? Or is just saying you saw a particular person not a breach of confidence? It is not that I want to get her in trouble or get back at her. It has really upset me though and potentially could have been very embarrassing and difficult for me had my family member not been as discreet as she was. I'm feeling like maybe I should take it further as she really needs to know that it is not something you should be casual about. Any advice appreciated, TIA. ------------- Mel, Mummy to E: 6, B: 4 and: 
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Replies:
Posted By: jazzy
Date Posted: 10 September 2010 at 8:18am
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I take it she is a Dr. Did she say you went in to see her or that she has seen you, in passing?
It is more tactless for someone to say they have seen someone at the Dr's. But it is not a Breach of confidentiality unless she talked about your medical issues which a Dr would not as the consequences would not be worth it for them. You could put a complaint in to the centre where they work but I would not think any action would be taken. |
Posted By: caraMel
Date Posted: 10 September 2010 at 8:42am
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Technically, yes a Dr but not just a gp that you might go and see for any number of complaints. As I said, a specialist area that would be very obvious about what I would be going there for so saying she saw me is as good as saying what was wrong with me IYGWIM?
------------- Mel, Mummy to E: 6, B: 4 and:
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Posted By: fire_engine
Date Posted: 10 September 2010 at 8:53am
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You totally have the right to complain. As a health professional, I never disclose anything about my patients - names, even anything that could possibly lead the them being identified. If I met them socially, I would not acknowledge that I had seen them in a professional capacity (to them or to anyone else). If you're still seeing the person, I would raise it first with them, but if you're not still seeing them, or not comfortable doing that (which I could understand!) then a letter to the manager of the service would be the way to go. ------------- Mum to two wee boys |
Posted By: Hopes
Date Posted: 10 September 2010 at 8:54am
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I don't know from a legal standpoint, but from a professional one at least that's really not on at all. I would absolutely write to the practice she works at and let that know about it. I'm sure they'd be very unimpressed with that kind of thing, and will let her know.
I had a similar feeling when my midwife mentioned she'd met a friend of mine although she didn't go with her as a midwife. I hadn't mentioned knowing she was pregnant, what if I didn't know?? -------------   
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Posted By: fairy1
Date Posted: 10 September 2010 at 9:15am
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I agree with Flissty, you should complain.
As a health professional we have no rights to disclose anything about a pregnancy. Ive had friends mention to me that there was a family member of theres on my ward and I pretend I know nothing about this person or even if they are on the ward. ------------- http://lilypie.com"> 
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Posted By: fire_engine
Date Posted: 10 September 2010 at 9:16am
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From a legal standpoint, I would think it would be considered a breach under the Health and Disability Commissioners code of patient rights. No, they haven't disclosed the details of the session, but they had no reason to tell others you were accessing their services.
Sorry - this sort of thing makes me really angry cos it's not necessary and it's just not OK. ------------- Mum to two wee boys |
Posted By: jazzy
Date Posted: 10 September 2010 at 9:18am
YIGWUM & she should not of mentioned you but she did not disclose any medical info so I don't think any consequences will come back on her, maybe a smack on the hand. I guess it depends where she stands in the practice. You usually sign an agreement that you will not disclose any medical information about a person you have information on. If you feel strongly about it then ask for a meeting with the director of the practice & voice your concerns. Maybe look at changing her for someone else. |
caraMel wrote:Posted By: caraMel
Date Posted: 10 September 2010 at 10:30am
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Thanks so much for the input guys, I do appreciate it. ------------- Mel, Mummy to E: 6, B: 4 and:
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Posted By: caraMel
Date Posted: 10 September 2010 at 10:41am
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Thought I should add, I'm not really angry with her and out to get her fired or anything. I believe it was a careless/thoughtless thing on her part that she should know had upsetting consequences for me.
It is not something that I had wanted my family to know about and now they do. ------------- Mel, Mummy to E: 6, B: 4 and:
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Posted By: Rachael21
Date Posted: 10 September 2010 at 10:42am
| We are taught (In midwifery) not to acknowledge or tell anyone who we have met with unless they do it first. I will be honest I find it a lot harder to do, especially if it is a friend of a friend. However I think it is definately worth complaining, even just to let the dr in question realise what she/he has done. |
Posted By: mummy_becks
Date Posted: 10 September 2010 at 10:49am
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Yes you do need to complain. It may serve as a warning not to do it again. ------------- I was a puree feeder, forward facing, cot sleeping, pram pushing kind of Mum... and my kids survived! |
Posted By: clover
Date Posted: 10 September 2010 at 11:33am
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I would send her a letter outlining your dissapointment and that it wasn't something you had or wanted to discuss with your family and she had put you in a difficult position.
I would be upset by it as well. ------------- http://lilypie.com"> 
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Posted By: Jacobsmumma
Date Posted: 10 September 2010 at 11:59am
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I would definitely let the Dr or clinic know what has happened. Even if it was a slip of the tongue, it's still not acceptable at all. ------------- 
(9lbs 6ozs) 
(11lbs 4ozs) |
Posted By: My3Sons
Date Posted: 10 September 2010 at 12:03pm
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I agree with the majority here, sounds like it has been upsetting for you so you should let her via her clinic or a letter of complaint etc to know that it wasnt ok! *hugs* ------------- Mum to Mr 10, Mr 6 and Mr 4 
 
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Posted By: Renee & Lauren
Date Posted: 10 September 2010 at 3:29pm
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I would call up the medical council regarding this person ------------- http://lilyslim.com">  http://lilypie.com">
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Posted By: Bizzy
Date Posted: 10 September 2010 at 4:00pm
you know i would probably let her know how it affected you - it may have been accidental but that doesnt change how it made you feel. And if she doesnt know she was in the wrong then she wont know to change. ------------- http://www.myfitnesspal.com/weight-loss-ticker"> 
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Posted By: 4thtymlucky
Date Posted: 10 September 2010 at 8:16pm
| I'd be annoyed and upset cos it's not her place to mention your business to anyone, family or not. It's a private matter and should remain so. I would write a letter of complaint also I wouldn't worry about the specialist getting into trouble as it's highly unlikely. There will just be a reminder to not disclose ANY information to anyone but the patient unless they have explicit permission. It''ll be a warning/reminder but not a reprimand if that makes you feel better but try not to stress over how they feel...focus on how you feel. Hope that helps and all the best. |
Posted By: nikkitheknitter
Date Posted: 10 September 2010 at 9:02pm
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Contact the Privacy Commission? They should be able to give you advice on whether it falls with them or the Health and Disability Commission.
I did the health professional's training through the Privacy Commission... and probably should know :P ... but I'll have a look through my stuff on Monday. xox |
Posted By: blissful
Date Posted: 10 September 2010 at 9:21pm
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If it were me I would talk to her myself first and explain to her that you're upset and ask her to explain to you personally why and how it came about that she disclosed this info. As she is specialising in a certain area she would've definitely been aware that saying you had been to see her was as good as saying you've got, had, need whatever. She owes you an apology regardless and I'd personally want to hear it straight from her. If it weren't genuine or her excuse was more defensive as apposed to slip of the tongue I'd definitely consider taking it further.
It's like someone who specialises in mens performance issues telling you that your neighbour is a patient of there's; you're not going to assume that he's going to them about a cut on his finger. ------------- http://www.familylobby.com"> 
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Posted By: RicKer
Date Posted: 11 September 2010 at 12:57pm
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I would also either speak to her about it or write her a letter explaining how you feel and that it was unacceptable.
I had a similar thing happen to me last year. I had just been through my molar pregnancy and was having my bloodtests. The specialist called me to say my levels were rising again and to have an extra blood test and she would ring me later that week with the results. She didnt bother to ring me for two weeks which i thought was slack. When she finaly did call i was at work so mum answered and the nurse told her EVERYTHING without my consent. Grr ETA: That involed her telling mum i was pregnant before i even had a chance to tell DP let alone family. |
Posted By: jazzy
Date Posted: 11 September 2010 at 1:40pm
RicKer that is shocking
I have know a couple of people who have been dismissed for Breach of confidentiality with medical information but not for name dropping. |
Posted By: kabe
Date Posted: 11 September 2010 at 2:21pm
I would do the same thing. Look for a low level resolution first, then if you're not happy with her response, take it further with her manager. ------------- http://alterna-tickers.com"> 
http://lilypie.com"> 
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