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Original poster

Someone Accessed my Medical Records

76 replies

maradyth · 07/10/2018 12:22

Hi there

I have searched the internet for an answer to this but can only find a post from this site in 2013 that is anything alike.

Basically this horrible woman who has been harassing me has almost certainly looked at my medical records unauthorised. I think this due to her saying things about my mental health (which I have a diagnosis of but not many people know). It is really upsetting.

She works as administrator in the hospital closest to me so would she be able to get into my files? She has also made fake Facebook profiles and written nasty comments on my account previous so I know she is very sneaky and quite obsessed. I would like to know what would you do and how do I find out for sure that she has been looking at my personal data?

I feel that if I contact the hospital I might get through to one of her friends and they will just lie anyway.

Is there any way of getting a list of people who have accessed my files in the last 6 months?

Thanks ever so much for any advice.

xxx

OP posts:
hopelesslydevotedtoGu · 05/11/2018 15:13

I don't think that reply suggests whether they have found something or not.

If they haven't found anything on their records, they would want more information from you to see how likely it seems she has accessed your records, as they won't necessarily have a record of who has accessed your paper records for example. So if you have a strong suspicion they may want to take the investigation forwards anyway.

If they have found something, they would probably want more information before proceeding. For example she might claim she has a legitimate reason for accessing your record for work, or that she opened yours in error looking for a different patient with a similar name for example. If you confirm that she used this information maliciously then that spoils her defence.

Also if somebody left their computer logged in, she could have entered your electronic records using their login. So if you have strong suspicions about her, and her colleague confirms it wasn't them, they can take that further.

Although it could just be that they haven't started looking into it yet and are only just starting. I don't think you can infer from that email unfortunately.

If she did access your record unauthorised and use this information, that is very severe and she shouldn't be in that role, it's right that you have reported this.

Original poster
maradyth · 05/11/2018 15:14

Also, I explained what happened in the past and that the woman in question actually has a harassment warning under disability hate crime which was given to her personally by police in August due to the harassment (phone calls, voice mails etc) which I luckily recorded xx

OP posts:
Scarydinosaurs · 05/11/2018 15:17

I was only going to advise what a PP said about dates, as this could help the investigation.

Good luck, OP.

bluetissuepaper · 05/11/2018 15:28

Good luck, OP. This sounds like an awful situation but you are strong to do the right thing and hold this woman to task 

Original poster
maradyth · 05/11/2018 16:10

Thank you everybody. I will keep this updated for anyone else who might go through this in the future
xx

OP posts:
PerkingFaintly · 05/11/2018 16:13

Shock at her needing a police warning in the past! Well done on recording her.

It's good that you've been able to give that information to the investigators at the Trust.

Whereismumhiding2 · 05/11/2018 16:20

The NHS trust will take this very seriously

It's a huge disciplinary (and sackable) offence, and will take quite a while investigate, which includes putting allegations to her as part of that process.

You are unlikely to get a quick nor a full update, as they can't breach her confidentiality but will tell you outcome of you've been subject to a data breach.

Have you given them police crime reference? And any screenshot evidence? And have you informed officers in your case about latest developments and hospital investigation team details? Worth having those chats and adding to your statement that you have asked her NHS trust to investigate, due to content of her communications to others/you, so can they please liaise.

Original poster
maradyth · 14/11/2018 12:18

Hi I have emailed with details of the harassment warning with crime number so hopefully they will liase with the police and find out more information in detail.
Would it be passed to the disciplinary team if there was no evidence of her accessing my files?
Thanks again xx

OP posts:
Asdf12345 · 14/11/2018 18:40

It would be difficult to see how something for which there was no evidence could be a disciplinary matter.

RandomMess · 14/11/2018 19:02

It sounds as though they are building their case.

Hope you are feeling ok Thanks

Original poster
maradyth · 14/11/2018 19:36

That's what I thought Asdf12345 and RandomMess...it makes me sick to my stomach thinking about it but glad in a way if she has done this that I reported it.
I emailed them earlier for an update but they said they can't tell me anything until the case has been concluded, the lady also said that she should be in a better position for an update in another 2 weeks or so...
That will take it to about 2 months since I first reported it.
Thank you all for your kind words xx

OP posts:
Lokisglowstickofdestiny · 14/11/2018 19:46

I conduct investigations into simliarish issues - not NHS and they can take what seem like an age. We need to ensure that we are covering all angles. Hope you get a conclusion soon OP.

Original poster
maradyth · 14/11/2018 20:05

Lokisglowstickofdestiny thank you. Do you think that it taking this long means there is some evidence to suggest a breach? Or would they take this long even if there was nothing there? I just wonder why the disciplinary team have become involved and emailed me weeks after the complaint asking for more detail of how I know the woman in question and how long etc. xx

OP posts:
Lokisglowstickofdestiny · 16/11/2018 20:11

Hi OP, in my experience if there is nothing then a case can usually be wrapped up pretty quickly. The time they have taken suggests they may have found something but to be fair to all sides they need to investigate throughly. I don't know how the NHS investigate but the fact that the disciplinary team have become involved suggests something reasonably significant. Of course they may just be taken their time as it's the NHS and they aren't very efficient at the best of times!

Original poster
maradyth · 23/11/2018 12:09

Hi again. I had a call from PALS yesterday, really nice lady but said there is nothing she knows as it is being investigated by a team in HR but what she could say was that there was something significant in my complaint to progress it to HR but even when the investigation is conculuded I won't be able to know anything about the results due to data protection?? Is this right? She said they wont even tell me a yes or np if the woman in question has looked at my files? But these are my files! Surely I have a right to know who has accessed them unlawfully and what they have seen about my personal medical states? I'm so upset, the police wont do anything until I have a yes or no that shes accessed my files. I'm at a brick wall what was the point complaining if I'll never know anyway xx

OP posts:
RandomMess · 23/11/2018 12:12

Perhaps if you post in legal or elsewhere and ask for help on a GDPR issue?

WhoGivesADamnForAFlakeyBandit · 23/11/2018 12:59

She said they wont even tell me a yes or np if the woman in question has looked at my files? But these are my files! Surely I have a right to know who has accessed them unlawfully and what they have seen about my personal medical states? I'm so upset, the police wont do anything until I have a yes or no that shes accessed my files.

I am assuming they can't tell you WHO has accessed your files - her (or someone on her behalf) because HR are possibly dealing with the disciplinary aspect. I know they have the crime number, but you just need to know, to have confirmation that they will use it!

Original poster
maradyth · 23/11/2018 13:28

Whogivesadamn they will use the crime number I gave them about previous harassment? I don't understand what you mean that I need to know? Sorry must be reading it wrong could you explain please? I gave them it to show that is why I suspected she had accessed my files... because she was saying things about my disabilities and that is why she was given a harassment warning previously if you get me? Xx

OP posts:
Original poster
maradyth · 23/11/2018 13:28

Thanks RandomMess good idea. I will if nobody on here knows as youve all bern amazing so far xx

OP posts:
Disfordarkchocolate · 23/11/2018 13:32

When I complained about someone I wasn't allowed to know what happened for the aspects that related to HR or was that person disciplined. You should be able to be told if your complaint is uphelp or you cannot take any further steps in the NHS complaints process.

RandomMess · 23/11/2018 14:04

Perhaps you will have to ask the question "has anyone accessed my medical records that shouldn't have?"

When they reply yes perhaps the police can then be privy to the information direct as part of a criminal investigation?

Original poster
maradyth · 23/11/2018 14:41

I've sent an email with that exact question and said could you please answer the following question so the police can investigate; 'Has anyone accessed my medical records that shouldnt have?'
Hopefully I get an answer... fingers crossed. This is awful not knowing what shes seen and what other people may know. Why dont I have any right to know? Xx

OP posts:
Rainbowshine · 23/11/2018 14:46

As others have said they can tell you generally if your records were accessed inappropriately but not what they will do in terms of the employee’s disciplinary record or employment, that’s what they mean by data protection. You could ask them to liaise with your police contact directly due to the history of this person’s behaviour towards you. It is normal for an investigation to take months, I work in HR and previously in NHS. You have to follow strict policies and procedures to make the investigation solid and usable for employment decisions as well as potentially legal action ,for example if someone has been paid sick pay for a bad back and they were actually skiing in Canada as their pay is from public funds they could be prosecuted for fraud and other crimes. Therefore the investigation has to be at a level that the police can use under PACE etc.

Original poster
maradyth · 23/11/2018 16:24

Hi thanks for that. All I want to know is if shes been in there what she has actually accessed. I mean say I had a breakdown in 2008 and another in 2018... would she have to access one by one and would it be recorded like as in which event she'd looked at or is it just basically she accessed and we have no idea how much she saw? The reason is there are some things, awful painful and traumatising things, that happened in my childhood. Things not many people know about. This is distressing me so much. Will I have some kind of run down on what she accessed / how far back she went? This is my personal medical history and I feel I should have a right to know if someone that once attacked me, and has harassed me to the point of me having a mental breakdown knows the most harrowing parts about my life. I suffer PTSD from such events which are all on my record through the mental health teams. If she knows I want to take legal action and punish her for the distress it has caused me. I already want to move away with my children incase she's told lots of friends. I dont want my children finding out. I really need to know is this going to be possible? Do I need a lawyer? So frightened right now xx

OP posts:
NicoAndTheNiners · 23/11/2018 16:36

I suppose they certainly can't tell you anything until any investigation and possible disciplinary proceedings have been completed. Even then they won't tell you the result of the disciplinary.....ie you won't be privy to being told if she's been sacked, put on a warning, etc.

However I do think it's fair that you know if they believe she's done it. Or certainly of someone has done it even if they can't officially say it's her.. I suppose there's always the chance she got someone else to look for her, especially if they're electronic. If ever I wanted to look at a family members electronic blood results (with their permission) I'd get a colleague to look so my (same) surname wasn't on the list of people who have viewed it,

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