ATTN GPs or mental health professionals -help (1 Post)

[MadyaunMylford]

If a GP decides to redact information from a patient as it 'can do harm' to the patient, what probable scenarios is the GP alluding to? Also, they are trying to block the patient from accessing the information.
AIBU to be confused why the GP doesn't just disclose?

Thanks

It could be a variety of different things surely?

Only time I ever see a clause like that is when completing insurance or mortgage forms. “Is there anything in this record that you feel could be harmful to disclose?”
The answer is always no in my experience

What 'variety of things' specifically?

The GP is refusing to tell the patient medical information about themselves. Legally can the GP do this. Surely under the Freedom of Information Act the patient has every right to know, without having to pay a lawyer to access the information for them?

Various reasons for redaction. A GP can legally redact if the information could cause harm or distress to the pt and effect their health or if the information is not relevent. Examples may include very personal information the pt has disclosed e.g abuse, domestic violence
OR the redaction could be due to the mention of 3rd parties. E.g. a or may say they anxious due Mr Smith harassing them at work. This would redacted as you cannot share about other people named on file.

In others words, don't assume the redaction is something dodgy. It's usually in the patient's best interests

I've only really seen it when a 3rd party is mentioned.
For example, a patient's mum had contacted the Dr with concerns about their mental health. The patient could lose trust in that 3rd party if they think they've been interfering.

Names of foster parents etc being redacted, for obvious reasons.

Have they specified it is due to "potentially causing harm to the patient".

Redacted information may be due to it shedding light on details of other patients connected to the patient the request is about.

Redaction may also be because the GP is concerned that if someone else, i.e. a partner who had been violent, or was suspected of being violent, may cause harm to the patient if they were to read the information.

Gp can refuse to disclose if it would harm the patient.

What sort of info is the patient looking for?

Also, under FOIs redaction of personal information must occur unless the person involved gives consent that they are happy for that information to be shared.

I have often wondered this mas/- don’t know the answer though

@heroicHyena Yes, they have specified it is due to "potentially causing harm to the patient".

They also said they need written permission from the third parties, but the 3rd parties HAVE ALREADY given written permission, so why would they need to write a second letter?

@Tistheseason The patient has not disclosed any such personal info to the situations you mention as they have never been affected by any of that.

The patient understand the redaction of 3rd party info, but is there any way, even if the GP deems the info 'potentially harmful to the patient', that the patient can still access the info if they hire a lawyer and make a legal request. With the lawyer be able to access the info or does the GP have more power.

Most often this happens where a 3rd party has given information to the professional in confidence.

I would suggest the pt has a conversation with the GP. This would prevent involving lawyers and may get a satisfactory response.

Some pts with MH issues could react very badly to reading about their condition and medical records protection is there for this reason.

Def approach the GP - Perhaps through the practice manager and explain concerns for clarity

Is the person requesting the records the patient? Is the patient over or under 18? And is the patient thought to be of sound mind in regards to medical decisions?

@heroic The 3 party has al;ready given written consent but the GP is STILL refusing to release the information to the patient. Which is very odd and baffling.

Other people have said it is 'bureaucratic stalling' and maybe the GP is covering their own A$$ and wrote something on the notes they do not want anyone else to read as they made an error.

@Tistheseason The patient has already spoken to the GP and they are more and more reluctant to share the info. They have also written to the patient stating that IF they decide to release the info, which translates as they are prolonging it or never intend to divulge the information.
The situation is at the stage where the patient has exhausted all options and the only option left is to hire a lawyer to gain access to the information.
has anyone had experience of making a legal request to access medical notes?

Also the GP showed the information to a third party 'medical professional' WITHOUT the consent of the patient having previously told the patient that they would have to get the patient's written permission first if anyone wanted to see the information, as it was their document, about them. The GP has done the exact opposite by sharing the info without consent. Is this a clear breach of privacy and can any legal action be taken, or is there a loophole of some sort that allows the GP to share the info without a patient's permission?

Furthermore, a wrong diagnosis has been written on the patient's medical notes even after the GP assured the patient they did NOT agree with the diagnosis. They entered it on the system anyway and now it cannot be amended or deleted, according to this GP.

@Raven The person requesting the records is the patient. They have already requested the full medical record which upon reading through found the redaction.
The person is over 18 and has some history of MH issues but it trying to find out more info regarding 'their condition' which possibly has never been diagnosed correctly and they would like to know this info that is being withheld, as it may help explain things a bit more.

What is your involvement in this.

The patient has lost faith in the GP and the surgery and this feels the only option, for their sanity ironically, is to seek legal route.

It is a relative who has confided in my and asked for advice.

Lots to consider and it's a bit confusing.
If there is something incorrect on your medical record you can ask it to be updated, removal is unlikely - the medical record can have an entry added to refer to the previous incorrect entry. If you are experiencing issues with this then lawyer or advocate quoting DPA is advisable. I have done this for a pt where a prev GP had entered something contentious without evidence.

Adult safeguarding rules mean a HC professional can share or data if it is in the pt's best interest. This happens a lot. For example, if a pt is a risk to themself or others a GP can share with another HC professional involved in their care (OR police etc). In essence, if the disclosure was keeping the pt or others safe and/OR in their best interest under adult safeguarding then disclosure without consent is accepted. This is to protect the HC prof but it is not usually abused.
I'm not a lawyer so get legal advice. I just work in this arena.

The redacted information has only just been discovered and the GP has known about it for decades but never informed the patient of its existence. If it is 'so potentially harmful why did the GP not tell the patient years ago and help them to work through it? It just seems weird that the patient came across the information by accident when requesting full medical records and now the GO is all clock and dagger about it and making it even harder for the patient to access the info.
It is stressing the patient out and making them more anxious by not knowing and imagining the worst and all kind of terrible scenarios.

For example: If a GP writes I am an alchoholic on my records but I am not. Why can that NOT be deleted?

The record can be amended or a note put on but info can not be deleted.

As @Bluedoglead says. It cannot be deleted. But the amendment is entered and drawn attention to when relevant.

How old is the info OP?

This is nothing to do with the FOI Act, I would suggest reading up about the Data Protection Act on the ICO website, which will explain what processes you need to follow if you think there's a breach/mistakes

Medical notes cannot be altered or deleted, as pp said, they could just write a new entry.
Has he thought about complaining about the gp to the local health authority who could investigate his concerns or spoken to Healthwatch. There might be an advocacy service that could help set up a meeting with the gp and a third party.

The actions of this GP are actually doing MORE harm to the patient as it has turned their world upside down and made them very stressed and anxious by not knowing the information and made them think the worst and now the GP has almost confirmed they will NEVER release the information to the patient, so what is the patient supposed to do now? Remain in limbo? Knowing there is medical information out there about themselves that could help them yet legally they cannot access it and with a very unhelpful GP that is blocking their attempts at every turn. The family have said there is no secrets and have given written permission as 3rd parties ALREADY yet the GP is now saying they will have to write a second letter of permission. Totally ridiculous.
It seems unbelievable that a GP can leave someone hanging like this an increase their emotional turmoil and not even attempt to help the patient resolve the issue, surely THAt is 'in their best interests' not to keep prolonging the agony and moving the goalposts by saying they cannot release the info.