Medical records sent to me contained some notes of another person.

[cedartree]

Hi

 

When I recieved the GP medical records I requested they contained some notes of another persons medical records.

Who do I make a complaint to as this puts me at risk of seeing anothers patients records that has an address written on.

They are old notes from the old paper notes era called LLoyd George paper notes. Also I think taht the patient is supposed to by law be informed of the breech of security.

Can anyone give advise on this.

 

Regards cedartree.

[Guest louis wu]

If they are supposed to be informed, contact whoever sent the forms, unless of course, you want to just shred them?

 

Do you really want to open pandoras box?

[GlasweJen]

Isn't this a problem for the information commisioner?

[JOSH_IOU]

Since information has been disclosed unlawfully i.e this is not your information There has been a breach the Data Protection act.

 

You can advise the surgery of this mistake and return them to the Managing Director of the practice your registered with.

 

You can claim either two things your post and package back or brownie point's.

 

Having worked in A doctors surgery before I would imagine someone is wetting themselves around about now.

 

This is the best course of action and I'd advise you to do it sharp ish.

 

Send this......

 

Dear (insert

 

I can kindly confirm receipt of my medical files which i requested on (insert date here)

 

However there seems to have been a clerical error.

 

You have disclosed copies of another patients records.

 

I Have enclosed the records that you sent and await your further instructions.

 

Yours

 

(insert your name and sign the letter)

 

=

 

 

 

Please note this could have been a doctor who might have had a lot of patients that day and he could of filled the notes incorrectly.

 

Hope this helps

 

Josh

[emsgeorge]

I only thought the DPA applied to electronic forms of media, not handwritten items.

[JOSH_IOU]

Data protection act Applies on all forms of Data.

 

With out sounding horrible this is not my intention, what lead you to this conclusion?

[demon_x_slash]

The DPA applies to any data held in a 'relevant filing system'.

[midnight1]

Nothing new for medical records, a hospital pulled mine out for my sister when she was in labour unexpectedly because we both have the same initials. You could imagine her face when they started going on about an op I had just had so she shouldnt be pregnant, fortunatly she saw the funny side.

[emsgeorge]

Well, having thought that people aren't quite giving the right answer, I looked it up on the Data Comissionaers website.

 

Low and behold - If they are handwritten, then there is no requirement to notify.

 

EDIT: And before anyone mentions it, yes I know it still means that they have to comply with DPA legislation - but it makes prosecution near on impossible when there is no named person as a data controller.

 

The ICO website is very informative though - including a lot of press releases on prosecutions, including a solicitor for not notifying.

[JOSH_IOU]

But thats manual intervention

[Annie777]

If you feel strongly about it and want to take it further, you should write to the responsible PCT giving full details. They should have someone there who will take it up with the surgery concerned as it is something that should not have happened.