Can he look up my medical notes?

[NameChang12]

Posting here for traffic.

Is it possible for my ex husband to look up my medical notes?

I’ve recently been diagnosed with a condition which requires major surgery although recovery prognosis is good. But it’s a possibility that I may need a carer for up to a year whilst I rehabilitate. If all goes well I should make a full recovery but I have been informed that a long rehab period is a small possibility.

Unfortunately I’m currently caught in a bad divorce where ex wants full custody of dc.

I haven’t told him about the illness and don’t wish to in case he uses it against me. He’ll obviously have to know I’m having surgery as it will affect our dc but for all he knows it could be something routine.

However he is a doctor (GP) and I’m afraid if he looks up my records he will use this information against me.

I know he’s not allowed to in theory but I wouldn’t put it past him to look it up on the sly. He’s not stupid and won’t ever admit it but there are undoubtedly ways that he could force this information to come out.

Are there any doctors on MN who knows if he’s able to do this?

I'd have thought the highest risk would be someone who knows him a little (who doesn't know you are divorcing) would say to him "How is NameChang doing? Hope she's OK, XXX procedure is tough to get over, hope you're both all right" and him picking it up from that.

Just re-read your OP. He's a GP but works at the hospital? I take from that that he is at the hospital only sometimes so hopefully won't know everyone after all and my scenario above won't happen.

sorry but I too would assume yes he would look or get someone else to. Get child arrangements sorted but be prepared for him to go back and challenge. make sure that you have sorted how you will care for the children and have a plan. If SS or Cafcass are involved make sure they are aware of plan etc but be aware they hav the childrens best interests at heart not yours (in terms of you wanting custody).

I would also sort a will out and specifically with regards to the children. If there is any sort of abuse involved (and I can already tell he is being diffiult enough to indicate there is somethig not quite right) make sure it is well documented and that you have proxy childcare arrangements in case necessary.

I would also if I could put money into accounts for the kids and leave with a trusted person or if you leave them money indicate how it should be dealt with should the worst happen.

I have a friend in a very similar situation and it is very distressing

May be as someone suggested above ask the hospital to put some kind of lock on access to your notes although that alone might alert him to ask in court what is wrong with you.

I have worked in that field and think it is highly likely he will be able to access your medical notes; if he does or not is another matter.

My opinion is that if he refers to details which he would only have known from medical notes, they 'should' be discounted. Let's face it, he really 'shouldn't' look at them but people do, that's life.

Please consult your solicitor and give them all the information, they will know how to deal with it.

OP, I don't know anything about medical records - but I am just wondering who has done the lion's share of looking after the DC during your marriage? (And how old are the DC?) Does your ex work FT? Have you worked FT? Plus "custody" doesn't exist in the UK - it's an American concept, and is different from a child arrangement order (which is what you and your ex would have). So some of your fears may not be realised, regardless of your medical condition and whether he's enough of a twunt to access your records illegally.

In our hospital we have a new electronic system where some records are sealed. You can only access them if you put in your username/password and then you have to justify why you're on the records. It's called break the glass and you have to do that for every new page you go on. Some hospitals might have similar, so you might be able to seal your records

I used to be a social worker. If we were dealing with a staff members family we would have the notes sealed so only particular people could gain access. You could ask that this be done by the hospital?

Speak to the hospital about this. They will have systems in place to prevent this or at least be able to tell if it has been abused (and he will be in big trouble if he has). A few people have stated that systems are quite lax but I'm not sure if this was before GDPR. I don't work in the NHS but where I work things have tightened up ALOT since 2016.

Information sharing is lax. The CCG phone up everyday wanting verbal information. As do the LA safeguarding teams, social services. It depends on your relationship with those people.

Whoever is in charge of complying with the GDPR regulations needs to do their job properly then as otherwise it is only a matter of time before your trust is fined millions. Individuals can be fined too.

@Soontobe60 Read what I said, before you get your knickers in a twist. I was talking about full custody.

GPs work at my local hospital. The Urgent Care Centre is based there.

OP, how old are your children? Is there not a chance he'll find out from them, even inadvertently saying something about mummy's nurse at home or similar?

I'm sorry you have to deal with a stressful divorce at the same time as major surgery.

@HollowTalk I agree with @Soontobe60 - why is it strange that a father would want FULL custody?

At least u the hospital I work in he would be able to access your notes. But you are entitled to get a list of people who has viewed your information and you can then file an official complaint and investigation.

My previous work place you were only able to access if you were given a permission when you were relevant to patient care. But this system is not available in all hospitals.

@Rachelover60

Good idea - the solicitor should write a letter to either the Patients Services Manager or whoever is in charge of Medical records.

I understand your concerns over who can access your information.

However, this will come out anyway, you realise that? The children will notice the need for carers. They will talk about missing you when you are in the hospital. They will want to talk to someone about the surgery.