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Originally Posted by e28bigalbexley My wife had to go to hospital to see a consultant unfortunatly they said they had missed placed her records and to make another appointment which she duly did and returned on the new date and was told again her records were not available.
After a couple of letters it has emerged that the hospital has no idea where her records are and admits they may well have lost them.
Are they liable under the Data Protection Act for not keeping records safe.
Thanks
Alan |
I believe it's the very fact that they have to keep records safe that causes all the problems. Medical records are good old fashioned paper folders - less likely to crash like computer records do, and (despite what has unfortunately happened to you) harder to lose - imagine a desk covered in them...you can't miss them.
Hospitals also have to keep records for a long time - which means all hospitals have rooms literally stuffed with thousands of these folders - some of which are people that haven't been seen in decades. These are all kept in order, but are often going in and out all the time - different departments being involved in care all wanting to see the notes etc.
Likely a "misfile" - being put in the wrong place on the shelves by mistake, or tucked in someone else's notes, these sorts of things could happen. The fact that the hospital has written formally to say they're missing means that someone will have had a good look round to find them - speaking as an NHS employee, losing records is not good and if things go AWOL we'll look in all the likely places and then the unlikely ones as well looking for a missing set. However, misfiles happen, sadly. We're only human.
It may be worth contacting your GP - your doctor may well have been kept informed about how the consultation with your wife went, and should have some records (a letter from the consultant, usually, or discharge summary, that kind of thing). Blood test results are kept on computer as well as printed out (well they are at my hospital, anyway).
As far as the Data Protection Act goes I don't know. They will probably say they can't do anything more, if the hospital did whatever they could to find the missing notes. A new set will have been made up, and I would imagine that the consultant will have written something in there to say the "story so far".
And missing notes often "turn up" if a filing clerk finds them in the wrong place on a shelf or some such, so hopefully they will reappear.
Sorry I can't be more help, but you've been very unlucky.