Patient Confidentiality

[ooid]

Hello everyone,

I have a question related to medical law. A close family member recently had a very nasty experience with a private doctor in London. She left a negative review on her website (google), nothing insulting just very genuine and politely written negative review.

The doctor has sent back a few emails (one of them is quite rude), and also the doctor responded to my relative's negative review by disclosing my relative's name surname and her medical condition (which is quite private actually)

Is this doctor breaching her patient confidentiality ? The issue has already been sent to GMC by the way, and they are working on it in terms of the doctors attitude and response.

Thanks!

[meehaja]

Hi, I work in data protection for a hospital.

In the first instance, this is a data breach, it’s also a professional standards issue. The doctor will be (or should be) registered with the ICO, who you can lodge a complaint/ concern with.

Depending on the facility they’ve used for their practice it would be worth reporting to the registered provider (the hospital or clinic they’re working out of if appropriate).

GMC are pretty useless, at most they might write to a doctor to suggest that a complaint has been made, but you can pretty much get away with murder and the GMC wouldn’t care!

The CQC are a good route as well, as although they won’t get involved in individual cases, it stirs up some trouble, and if other people have raised similar concerns it may instigate an inspection.

It seems obvious, but I would also lodge a formal complaint, sent by recorded delivery as any further complaint will expect you to have completed a basic level one complaint in the first instance.

If you need any further help feel free to email me, I’m from “the other side” so to speak, but I spent all day shouting at consultants for silly data breaches so I’m all fired up now!

[numtumfutunch]

meehaja said:

Hi, I work in data protection for a hospital.

In the first instance, this is a data breach, it’s also a professional standards issue. The doctor will be (or should be) registered with the ICO, who you can lodge a complaint/ concern with.

Depending on the facility they’ve used for their practice it would be worth reporting to the registered provider (the hospital or clinic they’re working out of if appropriate).

GMC are pretty useless, at most they might write to a doctor to suggest that a complaint has been made, but you can pretty much get away with murder and the GMC wouldn’t care!

The CQC are a good route as well, as although they won’t get involved in individual cases, it stirs up some trouble, and if other people have raised similar concerns it may instigate an inspection.

It seems obvious, but I would also lodge a formal complaint, sent by recorded delivery as any further complaint will expect you to have completed a basic level one complaint in the first instance.

If you need any further help feel free to email me, I’m from “the other side” so to speak, but I spent all day shouting at consultants for silly data breaches so I’m all fired up now!

Wow! Thats pretty shocking if true

[williamp]

meehaja said:

Hi, I work in data protection for a hospital.

Same here! The ICO is very keen on transparency, so the doctors (or the CCG) should have a strong reporting mechanism , and if serious enough they will report to the ICO via NHS Digital (google them).

[anonymous-user]

numtumfutunch said:

meehaja said:

Hi, I work in data protection for a hospital.

In the first instance, this is a data breach, it’s also a professional standards issue. The doctor will be (or should be) registered with the ICO, who you can lodge a complaint/ concern with.

Depending on the facility they’ve used for their practice it would be worth reporting to the registered provider (the hospital or clinic they’re working out of if appropriate).

GMC are pretty useless, at most they might write to a doctor to suggest that a complaint has been made, but you can pretty much get away with murder and the GMC wouldn’t care!

The CQC are a good route as well, as although they won’t get involved in individual cases, it stirs up some trouble, and if other people have raised similar concerns it may instigate an inspection.

It seems obvious, but I would also lodge a formal complaint, sent by recorded delivery as any further complaint will expect you to have completed a basic level one complaint in the first instance.

If you need any further help feel free to email me, I’m from “the other side” so to speak, but I spent all day shouting at consultants for silly data breaches so I’m all fired up now!

Wow! Thats pretty shocking if true

Feel free to be shocked. Don't you ever see the news?
A very recent one BBC News - Dr Hadiza Bawa-Garba: Struck-off doctor can return to work
https://www.bbc.co.uk/news/uk-england-leicestershi...

[GT03ROB]

numtumfutunch said:

meehaja said:

GMC are pretty useless, at most they might write to a doctor to suggest that a complaint has been made, but you can pretty much get away with murder and the GMC wouldn’t care!

Wow! Thats pretty shocking if true

I would totally agree. I had an interest in a particular case that went to the GMC & couldn't believe that the indivdual was not struck off.

However what I subsequently found out may be more eye opening. The indiviual by virture of what came out in the GMC enquiry became virtually uninsurable, so effectively would be unable to practice privately, which was all they had done previously. The NHS on the other hand I believe self insures so does not have the same constraints.

[Badda]

speedyguy said:

Feel free to be shocked. Don't you ever see the news?
A very recent one BBC News - Dr Hadiza Bawa-Garba: Struck-off doctor can return to work
https://www.bbc.co.uk/news/uk-england-leicestershi...

Are you saying she shouldn’t ?

[oddman]

ooid said:

and also the doctor responded to my relative's negative review by disclosing my relative's name surname and her medical condition (which is quite private actually)

On a publicly viewable feedback page? Wow

ooid said:

Is this doctor breaching her patient confidentiality ?

Yes

ooid said:

The issue has already been sent to GMC by the way, and they are working on it in terms of the doctors attitude and response.

The GMC may be interested in 'attitude and response' but if you have evidence of breach of confidentiality (not my area of expertise but would screenshots suffice?) that is a very serious issue and could result in erasure.

[ooid]

meehaja said:

Hi, I work in data protection for a hospital.

In the first instance, this is a data breach, it’s also a professional standards issue. The doctor will be (or should be) registered with the ICO, who you can lodge a complaint/ concern with.

They have contacted ICO already, This is ICO's response, basically just write to doctor's with their template letter regarding to the concern;

---

Raise your concern with the organisation handling your information.

From 25 May 2018, organisations have one calendar month to respond to a request. If the request is complex or extremely time consuming they may be able to take longer. They must, however explain this when they respond.

For any concerns that date back before 25 May 2018, organisations have up to 40 days to respond to a request.

For further advice you can contact us via our live chat service or call our helpline on 0303 123 1113.

---

[ooid]

oddman said:

The GMC may be interested in 'attitude and response' but if you have evidence of breach of confidentiality (not my area of expertise but would screenshots suffice?) that is a very serious issue and could result in erasure.

Yes, on a publicly viewing google page really. Her medical condition and name, surname everything being written by the practice as a response to their negative review. It's pretty serious.

[popeyewhite]

Individual is rude online to another individual, latter individual gets upset when the reply is nastier. Not everything goes well at the doctors/hospital/clinic - if someone has a legitimate complaint there are established channels to go through. Success is another matter... .

[Badda]

ooid said:

oddman said:

The GMC may be interested in 'attitude and response' but if you have evidence of breach of confidentiality (not my area of expertise but would screenshots suffice?) that is a very serious issue and could result in erasure.

Yes, on a publicly viewing google page really. Her medical condition and name, surname everything being written by the practice as a response to their negative review. It's pretty serious.

That is awful.
Incidentally, how much info had she left on the site herself with her review? And how specific is the clinic?

I'm just thinking about any possible defence i.e. 'Your review was under the name A.N.Other and we're a hernia clinic, you posted your own details' or similar.

[oddman]

ooid said:

Yes, on a publicly viewing google page really. Her medical condition and name, surname everything being written by the practice as a response to their negative review. It's pretty serious.

If that's the case then she needs to pursue through all the relevant regulators ie. GMC, CQC and Information Commissioner.

NHS docs like myself accept we have no right to reply if st goes up on facebook etc.

It's idiotic to for doctor to deanonymise a negative reviewer

[Rollin]

Why did you not complain to the doctor first of all, rather than do an anonymous slagging off on a review site?

[ooid]

Rollin said:

Why did you not complain to the doctor first of all, rather than do an anonymous slagging off on a review site?

I've asked this too first instance. My relative, was not able to reach the doctor fist, The doctor ignored and her P.A. responded instead.

[Teddy Lop]

Badda said:

That is awful.
Incidentally, how much info had she left on the site herself with her review? And how specific is the clinic?

I'm just thinking about any possible defence i.e. 'Your review was under the name A.N.Other and we're a hernia clinic, you posted your own details' or similar.

that's a good observation, but my understanding is ANY confidential info revealed by the doctor no matter how small or otherwise deduceable to be extremely unprofessional, and actionable. This action alone, one must question their competence and properness.

[popeyewhite]

Teddy Lop said:

that's a good observation, but my understanding is ANY confidential info revealed by the doctor no matter how small or otherwise deduceable to be extremely unprofessional, and actionable. This action alone, one must question their competence and properness.

It's a name and diagnosis. Confidentiality of this nature is covered by a code of ethics, not law. I think you'll find If reported to the GMC (or whatever governing body/agency) they are relatively powerless to do anything other than issue a pointless reprimand to the doctor. The doctor's competence and 'properness' really isn't in question IMO.

[ooid]

Update:

The practie in question, removed the sensitive information and names. However, they have sent an email requesting my relatives to remove their negative comment/review on google. They claim this is defamation & libel grounds to their business.

I'm speechless really, good thing wait for hours at NHS but never deal with this sort of stuff!

Edited by ooid on Saturday 27th April 21:34

[LosingGrip]

Have you put facts that you can back up if needed? If so id leave it.

https://en.m.wikipedia.org/wiki/English_defamation...

I could have misread it massively though and be horribly wrong!