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AIBU?

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Original poster

I can’t sort this out can I?

129 replies

MustBeInthewater · 31/05/2022 19:03

Many many years ago I lived with someone (friend) We were the same age and they had a lot of MH issues. Some very specific things and there were some incidents that happened relating to MH.

I recently decided to get life insurance - pretty straightforward claim (I thought) until they requested a gp report. Documented in MY medical notes are presentations at a+e for things that never happened but the times dates and details are the exact medical history of my friend. I can only assume that my name and dob were given on arrival. This was such a long time ago and I’ve had no idea at all. It’s never been mentioned and seemingly was buried in my notes but the gp doing the form had gone through everything with a fine tooth comb and uncovered this .

my GP will not entertain the idea at all that this is not my history. Short of getting a confession from the person involved (which won’t happen) I’m now stuck with serious inaccuracies on my record.

I don’t know what to do. Repeatedly telling my gp has now resulted in a situation where they are saying that I’m in denial and that this is a potential issue as I am not dealing with things and they would have hoped I would say ‘yes this happened but I’ve worked through things and it was a long time ago and I’m in a better place now’ but WHY would anyone admit to something they didn’t do . For one element of it I said I could go in and show that I don’t have something that was in my notes as proof but they said no.

i don’t really know what the point of me posting this is but I feel so frustrated. It also made me think how on presentation at a and e obviously ID isn’t checked and this had gone unnoticed for so many years that it’s too late for me to rectify it. I’m feeling very angry and let down

OP posts:
Original poster
MustBeInthewater · 31/05/2022 19:05

I also now feel where there other things I’m not aware of as surely there were follow up appts ? Were letters sent to me for appts but taken and I just never knew ? What else is in my name ?

OP posts:
WooNoodle · 31/05/2022 19:07

This sounds absolutely horrendous. I don't see why the doctor won't let you go in to show you the lack of whatever it is! I'm so sorry it's happened to you.

WooNoodle · 31/05/2022 19:08

Does GDPR apply to hospitals and GPs they have to make sure the data they have is accurate if it does.

DubiousGoals · 31/05/2022 19:09

Have you spoken just to the GP so far, or have you tried the practice manager too? If not, I think that would be the next step to take, then the NGS trust after that.

Under GDPR you have the right to have incorrect data held about you corrected, so if the practice or trust can't or won't help you, you could report it to the ICO.

DubiousGoals · 31/05/2022 19:10
  • NHS trust
Original poster
MustBeInthewater · 31/05/2022 19:11

I’m not sure I have done a SAR as I’m worried there could be other things.?

if I hadn’t applied for life insurance I would never have known, my gp is having none of it and they are now repeating to me that it’s my name and dob and I need to accept my past

OP posts:
Original poster
MustBeInthewater · 31/05/2022 19:12

DubiousGoals · 31/05/2022 19:09

Have you spoken just to the GP so far, or have you tried the practice manager too? If not, I think that would be the next step to take, then the NGS trust after that.

Under GDPR you have the right to have incorrect data held about you corrected, so if the practice or trust can't or won't help you, you could report it to the ICO.

Yes to both the gp and the manager. This has been going on a while but I’m now at the point I’m so frustrated as cannot get anywhere. They seem to see the ultimate proof is the fact it’s my name and date of birth against these incidents

OP posts:
WooNoodle · 31/05/2022 19:12

That is awful. They owe you a big apology when it comes out.

YukoandHiro · 31/05/2022 19:15

This is really serious as it will affect all kinds of things as you age, not just life insurance but any kind of applications for equity release, sometimes pension deals etc.

I'm afraid I think you need to get a solicitor involved so you can get a signed legal confession from the friend and have your official data updated on the basis of that.

User1113 · 31/05/2022 19:15

Wow I would be threatening legal action. GDPR definitely does apply to healthcare and it's dangerous to have false information in your medical notes. It is actually a very good point that A&E just take your word for it about your identity.

Original poster
MustBeInthewater · 31/05/2022 19:16

WooNoodle · 31/05/2022 19:12

That is awful. They owe you a big apology when it comes out.

How do I achieve that though ? I keep protesting that this is not my medical history and is in fact someone else’s but I’m told over and over it is my name and date of birth and mistakes don’t happen - but surely of someone presents at a and e and gives false details of someone they know it can happen? I can’t believe it’s gone so long and I only became aware when applying for insurance.

If it had been my history that’s an issue in itself as it was buried in my notes it seems from when I changed gp so on another level there would have been no support thank goodness it wasn’t true BUT I now feel in left with serious errors I can’t get amended

OP posts:
Musicaltheatremum · 31/05/2022 19:16

It's the hospital who need to correct it really. They sent the GP the information. Horrendous situation.

Original poster
MustBeInthewater · 31/05/2022 19:17

YukoandHiro · 31/05/2022 19:15

This is really serious as it will affect all kinds of things as you age, not just life insurance but any kind of applications for equity release, sometimes pension deals etc.

I'm afraid I think you need to get a solicitor involved so you can get a signed legal confession from the friend and have your official data updated on the basis of that.

I doubt she would be willing to - I have carefully broached the issue and been met with a very very frosty reaction. I feel like this wasn’t something that was expected to surface and it was a very long time ago (15+ years)

OP posts:
Original poster
MustBeInthewater · 31/05/2022 19:20

Musicaltheatremum · 31/05/2022 19:16

It's the hospital who need to correct it really. They sent the GP the information. Horrendous situation.

I think I’m going to have to get a solicitor. It’s so long ago and I dont know where to start but I can’t have this on my records. I know there’s no stigma to mental health issues and I wouldn’t judge anyone for doing what’s documented etc etc but I don’t want that on my records, it’s not an accurate reflection of me and how I deal with things and I worry that it could affect things going forward for me

OP posts:
Menora · 31/05/2022 19:20

Hold on, ok. They cannot just delete or remove things from a medical record it’s a legal entity of its own. They can put a note to say you don’t believe it is you.

you can request a SAR, for free from your surgery.

you may need to contact the hospital where the faker attended and see if they will help you with clarifying

personally I would contact NHS England and PCSE (primary care support England) for advice and stop asking the surgery as they clearly do not know what to do and are unwilling to tamper with the record. I think NHSE would help you investigate and get more action done

Frenchyfrog · 31/05/2022 19:21

even If the dates you arrived were on there, surely there would have to be treatment/diagnosis notes on there too. Can you ask to see the notes? I would speak to a solicitor as this is a major mistake by the hospital. They will be able to request all the documents and you would have good grounds for going to court.

Menora · 31/05/2022 19:22

MustBeInthewater · 31/05/2022 19:20

I think I’m going to have to get a solicitor. It’s so long ago and I dont know where to start but I can’t have this on my records. I know there’s no stigma to mental health issues and I wouldn’t judge anyone for doing what’s documented etc etc but I don’t want that on my records, it’s not an accurate reflection of me and how I deal with things and I worry that it could affect things going forward for me

Show quote history

Don’t get a solicitor yet, get NHS England or the health ombudsman involved first. Save yourself a lot of money asking them to step in, they have a lot of power and influence
if This then doesn’t help - get a solicitor

Original poster
MustBeInthewater · 31/05/2022 19:23

When the gp spoke to me the last time he was trying to be kind saying how I need to accept my past etc and it was a long time ago but the more I denied it the more he was saying ‘well this is a problem if you are in denial all these years later’ . That made me feel very wary of protesting further as they clearly think I’ve not dealt with something - something that I didn’t do.

I just don’t know where to go from here except to try and pursue it from a legal perspective to have it removed as I’m saying over and over ‘this is NOT my medical history’ and getting absolutely nowhere

OP posts:
WooNoodle · 31/05/2022 19:23

ico.org.uk/your-data-matters/your-right-to-get-your-data-corrected/ This might help.

Could you write to them and include a photo of the area where the specific thing would be if it were you?

Original poster
MustBeInthewater · 31/05/2022 19:24

Frenchyfrog · 31/05/2022 19:21

even If the dates you arrived were on there, surely there would have to be treatment/diagnosis notes on there too. Can you ask to see the notes? I would speak to a solicitor as this is a major mistake by the hospital. They will be able to request all the documents and you would have good grounds for going to court.

Some of the details were what led me to say to the gp ‘let me come in and show you I don’t have any evidence of this ‘

OP posts:
WooNoodle · 31/05/2022 19:24

Or ask them if it was about something like your appendix being removed but you still have yours how would they proceed then?

Menora · 31/05/2022 19:25

I am a practice manager. I would get advice from the CCG and the LMC if this was me investigating it. It’s not me though and they clearly don’t know what to do and handling it badly.

So ask NHS England for help and ask for a free SAR (in writing to the surgery) They have to comply with the SAR in one month. They also have to respond to NHSE in a timeframe too.

you would need to find a solicitor who was knowledgeable on medical legal issues and it could take years to make progress with your record. That’s the only reason I am saying the other way might be faster (and cheaper)

Original poster
MustBeInthewater · 31/05/2022 19:26

WooNoodle · 31/05/2022 19:24

Or ask them if it was about something like your appendix being removed but you still have yours how would they proceed then?

Exactly! I have thought similar myself - imagine if it was something like that or an amputation or something really hugely physically obvious they couldn’t argue then but this seems to be MH related so they are not accepting anything I say

OP posts:
TruthHertz · 31/05/2022 19:26

It's hard without knowing full details (which I appreciate you probs can't post) but surely the fact you have no original diagnosis on your medical records would support your case?

Menora · 31/05/2022 19:28

MustBeInthewater · 31/05/2022 19:23

When the gp spoke to me the last time he was trying to be kind saying how I need to accept my past etc and it was a long time ago but the more I denied it the more he was saying ‘well this is a problem if you are in denial all these years later’ . That made me feel very wary of protesting further as they clearly think I’ve not dealt with something - something that I didn’t do.

I just don’t know where to go from here except to try and pursue it from a legal perspective to have it removed as I’m saying over and over ‘this is NOT my medical history’ and getting absolutely nowhere

I’ve given advice. TBH this is not a singular GP issue. He isn’t in a position to be investigating an impersonation of you years ago. Medical records are legally protected documents you can’t just delete entries