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Original poster

Medical record GDPR Breach

34 replies

GDPRBreach · 31/03/2023 21:01

We have a family member in a care home and today received their care plan through the post along with the care plan of another resident. The plan contains medical history as well as DNR instructions and a photo of them .
Is this a reportable incident?

Our family member's care plan also contains incorrect medical diagnosis and in some places a different name , this is the second time they put the wrong information on the plan and it's clear they seem to be copying and pasting info as some of the history is exactly the same on both plans.

OP posts:
Zuffe · 31/03/2023 21:43

GDPR was bought in to make breach accountable and specifically to avoid the default “accidents happen”.

stbrandonsboat · 31/03/2023 21:43

GDPRBreach · 31/03/2023 21:38

I agree that the information can't be used for eg financial gain but what if the patient's family don't want others knowing about their relative?

All residents are entitled to dignity and privacy and this includes all medical/social details and their care plans etc. being kept confidential. I worked within care homes and I have read things in these plans that I would not want anybody other than essential staff knowing, including childhood abuse, criminal acts against the resident and highly sensitive family information. It's not just a case of X needs help to the toilet or had her varicose veins done in 1997.

Original poster
GDPRBreach · 31/03/2023 21:51

@stbrandonsboat exactly.

Also, the fact that they seem to be copying and pasting leads us to wonder if any more details are incorrect.

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stbrandonsboat · 31/03/2023 21:54

GDPRBreach · 31/03/2023 21:51

@stbrandonsboat exactly.

Also, the fact that they seem to be copying and pasting leads us to wonder if any more details are incorrect.

They should absolutely not be copying and pasting. Can you imagine if they did this with medication details?

They sound sloppy and are relying on shortcuts which are likely to be throwing up multiple errors, some of which could be potentially dangerous.

LouLou198 · 31/03/2023 21:59

I seem to remember your other thread on a care plan saying your relative only had months to live - if that was you.
This really isn't good, I don't think they are obliged to report it so you need to report to the CQC. Your local council may also have a quality performance officer that goes into the home - see if you can speak with them.

Original poster
GDPRBreach · 31/03/2023 22:02

@LouLou198 yes that was me.

OP posts:
backawayfatty1 · 31/03/2023 22:03

Report - can't assume this is a one off incident. It could have happened in other instances & you wouldn't have the full picture

Karma2023 · 31/03/2023 22:05

Yes. But human errors happen. Even the ICO is aware of that

Tell the care homes management and make an assessment on their response.

Original poster
GDPRBreach · 31/03/2023 22:11

backawayfatty1 · 31/03/2023 22:03

Report - can't assume this is a one off incident. It could have happened in other instances & you wouldn't have the full picture

I'm concerned that other residents have incorrect information on their plans . The one we were sent in error had 2 different name's mentioned on it.

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