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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

80 replies

MadyaunMylford · 27/01/2018 19:34

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

OP posts:
Bluedoglead · 27/01/2018 22:09

The layer can send a letter asking for the moon on a stick.

That does not mean he will get it.

JeReviens · 27/01/2018 22:12

Sack the lawyer. I'll send that letter. For free. The result, however, will be the same.
And I still don't know why you've posted this again.

Original poster
MadyaunMylford · 27/01/2018 22:13

So why would a lawyer tell him it can be done?

OP posts:
ItsAllGoingToBeFine · 27/01/2018 22:14

Perhaps the relative is the OP, and they hope they may get a different answer?

Bluedoglead · 27/01/2018 22:14

Is that what the lawyer said ?

What exactly did they say?

Bluedoglead · 27/01/2018 22:15

The lawyer can send a letter requesting it.

They won’t get it.

If the lawyer told them they could send a letter, that’s quite right - they can.

Bluedoglead · 27/01/2018 22:16

I don’t understand why you’ve posted this again.

Bluedoglead · 27/01/2018 22:18

I’m not going to answer your pm anymore op.

I’ve given you advice.

Good luck.

Original poster
MadyaunMylford · 27/01/2018 22:18

How can someone like John Warboys be considered fit for release and yet someone trying to access med records has a hard time. Ridiculous country

OP posts:
Original poster
MadyaunMylford · 27/01/2018 22:20

haha Yes of course a lawyer can say they will send a letter. They said they can send a letter AND be able to obtain the full unredacted notes...

OP posts:
Bluedoglead · 27/01/2018 22:20

Well rock on then.

JeReviens · 27/01/2018 22:22

Perhaps the relative is the OP

I don't think there's any doubt about that. Grin

retirednow · 27/01/2018 22:29

How can you unredact notes. Why dont you just instruct your lawyer and then change gp. We xannot help you.

Original poster
MadyaunMylford · 27/01/2018 22:32

Thanks to the person in PM who has replied with sensitivity. It is having a worse effect not knowing and thinking he will never know what this info is about.
He feels suicidal -at times -over not knowing this information. And even worse when he hears from the GP. It is more than just wanting to know the info. It is rewriting his whole past and casting a black cloud over happy memories and he has no control over this.

OP posts:
jacks11 · 27/01/2018 22:44

As others have said, medical records cannot be deleted- they can be updated to include a correction stating that x was incorrect and a brief explanation given. They cannot just delete information from the medical record.

FOI does not apply to medical records. It is the data protection act.

Medical professionals can refuse to disclose information they feel would be detrimental to the patient's health if they knew or if the information is 3rd party (info from a third party about the patient/the third party or someone else, or the information is about a 3rd party). This can be challenged legally.

However, it seems a huge headache for the GP to give themselves for no reason. Believe me, complaints are very unpleasant for Dr's- they are stressful, can be upsetting and take up a lot of time and energy. I doubt a GP would court a complaint lightly- so it seems likely they do believe (rightly or wrongly- I have no idea) that there is a good reason to withhold this information. It is possible they are trying to cover up a mistake, I suppose, but this seems an odd way to go about it: they would know this can be challenged and if it is that they would need to explain their reasoning.

Original poster
MadyaunMylford · 27/01/2018 22:48

Medical professionals can refuse to disclose information they feel would be detrimental to the patient's health if they knew or if the information is 3rd party (info from a third party about the patient/the third party or someone else, or the information is about a 3rd party). This can be challenged legally.

THIS. :)

OP posts:
jacks11 · 27/01/2018 22:49

Also OP

If you're relative is suicidal over not knowing this information- it does sound like your relative is vulnerable and in an unstable mental state. This does give rise to the possibility that the GP is correct.... I know that's not what you want to hear.

Also, the lawyer can ask for unredacted notes. But the GP can give the same justification to the lawyer- knowing the information can be shared with the lawyers client (their patient).

Bluedoglead · 27/01/2018 22:49

Of course it can be challenged.

But no one is going to be able to get access to unredacted notes.

jacks11 · 27/01/2018 22:50

Yes, OP: it can be legally challenged. It doesn't mean you will win or that the GP is wrong.

Bluedoglead · 27/01/2018 22:52

What I mean is that some bits of the information MAYbe relaeased but it is not possible for the whole record to be released unredacted.

There is information relating to other people in medical records - eg stuff relating to my EX that relates to my MH - if I was to do an SAR then information relating to him would be redacted

Bluedoglead · 27/01/2018 22:53

Opinions of other health professionals for eg cannot be released without their consent. As another example.

Given that your friend is confused between SAR and FOI I would have concerns that they are confused or not clearly relaying the information they have been given.

Original poster
MadyaunMylford · 27/01/2018 23:02

Why would the GP ask for the 3rd party to write TWO letters giving permission? ISn't that overkill or are they just being thorough?

OP posts:
Original poster
MadyaunMylford · 27/01/2018 23:05

There are other ways to obtain the unredacted info such as optical techniques :)

OP posts:
BloodyWorried · 27/01/2018 23:24

If you’ve asked for a SAR for the GP they will not provide you with information written by a third party, a separate SAR would be required, for example to community health, or acute care at one or more hospitals. You’d need a SAR for each provider.

Bluedoglead · 28/01/2018 11:57

Best practice when redacting is to print the full record then tippex or black marker out the information that has to be redacted.

Then photocopy that page and check that there is no info showing on the photocopy. If I fo still shoes through then redact again by tippex or black marker on the photocopy and photocopy that again until no info shows.

Then scan in if to be sent electronically.

What optical technique would you be planning to use to circumvent that?

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