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I had a an operation at a private hospital in London a couple of years ago. No complaint from me as everything was fine although I don't like operations or hospitals so just got on with getting better and going home.
A month or so ago I get a letter from a solicitor saying they are acting for one of the doctors in a fitnes to practice hearing with the GMC. In talking to them it appears the the GMC obtained all my records without me knowing and have been able to give them out to all legal teams with all my personal data intact. no attempt made whatsoever at annonomysing it or to ask me if its ok.
having such a rare name someone coming across it would not find it hard to figure out it was me. I am quite shocked that the GMC would so blatantly disregard its own guidlines and still further shocked that no one including the hospital bothered to let me know. Not sure wher to take it from here.
I think you need to contact the GMC Fitness to Practice Department and ask them what is going on.
There is obviously cause for concern over the doctor involved and the FTP panel quite rightly need to investigate fully - but accessing your records without your knowledge/consent is another issue (it may be that the Statutory Instruments they operate under allow them to do this but you need to check this out).
I'm surprised the FTP team haven't contacted you to see if you have any complaint with this doctor, if they are using your records there may be something untoward in them (it may be a case of poor record keeping for example).
Give the GMC a ring and back it up with a complaint in writing.
Hi Moo Cow,
Totally agree with Poppy.
Also I'd be tempted to request a copy of your medical records so you can make your own assessment of your treatment under this doctor.However as you were contacted by the Solicitor acting on behalf of the doctor, perhaps it's more likely that your case notes are being used as a good example of his fitness to practice. Nonetheless to do this without your consent is totally unacceptable.
Kind regards,
Elsa x
Or:
Neil Jinks
Customer Service Manager
General Medical Council
5th Floor St James's Buildings
79 Oxford Road
Manchester
M1 6FQ
Tel: 0161 923 6200
Fax: 0845 357 0025
Email: customerservicemanager@gm c-uk.org
I am reading the GMC guidlines on this and cannot see how they had the authority to do what they did.
Disclosures to statutory regulatory bodies
21. Patient records or other patient information may be needed by a statutory regulatory body for investigation into a health professional’s fitness to practise. If you are referring concerns about a health professional to a regulatory body, you must seek the patient’s consent before disclosing identifiable information, wherever that is practicable. Where patients withhold consent or it is not practicable to seek their consent, you should contact the GMC, or other appropriate regulatory body, which will advise you on whether the disclosure of identifiable information would be justified in the public interest or for the protection of other patients3. Wherever practicable you should discuss this with the patient. There may be exceptional cases where, even though the patient objects, disclosure is justified.