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Original poster

Should I take legal action? Confirmed confidentiality breach by surgery and/or hospital

61 replies

SP333 · 13/06/2023 17:57

Hi. I'll keep this as brief as I can, and add more detail if requested:

About 3 months ago or so, I had a private/confidential/highly sensitive conversation with my mother's GP, without her knowledge, because I was concerned she had possible dementia - her mother had it, and she has been forgetful and getting things mixed up over the last few years to a point where it seemed way beyond a 'senior moment' - I'm talking getting me and my brother confused, forgetting my girlfriend's name of 3 years that I'd told her many times etc etc etc.

I felt bad going behind her back, but I also don't (or didn't) regret it, because some conversations are impossible to have, particularly that kind, as I'm sure most people would agree.

The doctor I spoke to at the time was very kind and understanding, and said keep an eye on her etc and to get in touch with any other concerns. I didn't speak to them again until now.

So in the last week, mum was booked in to hospital for a possible blood clot in her leg, so reasonably serious, but she had forgotten the appointment and the local GP was concerned enough to actually go to her house (she lives alone and a long way from me, plus I don't even have a car). In the end, he didn't think she should be driving because she seemed a bit confused - not totally, but enough. He called an ambulance and in she went for a few days. All fine, but she has swollen legs, but nothing to panic about.

Anyway, that was that, until me and my brother both got a long, ranting email from my mum about how she couldn't believe the doctor was saying she was confused, and also couldn't believe that her 'son had contacted the GP to say he was worried about her being forgetful' - turned out that somehow (and this is where the enquiry hasn't yet established the 'somehow' - she saw all these patient notes about her, possibly from the hospital but we don't know yet. There's almost no chance she requested them, so that remains very unlikely.

It's caused a horrible upset - she's beside herself and thinks we're all colluding behind her back and I don't even know what to say to her yet, before I find out what's going on.

I spoke to the head of the practice today, and he was extremely concerned as to how she got this information and wanted to know as much as me - he sounded like he was very surprised and couldn't work how it had happened.

I'm still waiting for him to get back today, but in the mean time I wanted some feedback from anyone with appropriate knowledge if possible as to whether this constitutes malpractice or whatever.

Any help gratefully appreciated.

OP posts:
MrsSquirrel · 13/06/2023 18:06

What are you looking to achieve by taking legal action? What outcome do you want?

Redebs · 13/06/2023 18:06

My mum's GP surgery had us fill in forms to give her consent for me to be involved in sharing information with the practice. It was very controlled and I'm glad it was.

I'm sure it's good to get information from family members about a patient's health, but it should really be treated with more care than what you describe. Your practice manager should have words with those involved and make sure they follow the right procedures.

Redebs · 13/06/2023 18:12

It's not a situation that calls for legal action though.
Even when a friend of mine received a call on their home phone for her daughter from the midwife 😫😖😳😭😬😲 (yes, she didn't know her daughter was pregnant) no one considered legal action.
What's the point? These people are working to care for people and mistakes are a matter for informing future procedure, not going to court!

Dancingwithumberellas · 13/06/2023 18:21

Thats not something I think you could take action about.
It all sounds quite a grey area, especially because it’s concerning you talking to her GP about her health. In some ways isn’t she entitled to know you have done that because in a way it is her information?

MissLucyEyelesbarrow · 13/06/2023 18:25

Your mother has the right to see anything recorded in her medical records, including this sort of information. There are very few things that can be withheld under the DPA 2018/GDPR. I appreciate that it's upsetting and unhelpful, but no one has broken the law.

On what grounds would you take legal action?

Whatthediddlyfeck · 13/06/2023 18:26

I’ll be brutally honest, if it turns out your mum dies have dementia, you’re likely to have enough on your plate, and won’t have headspace for legal actio.

By all means push for enquiry as to how this information managed to be shared, maybe it’s as simple as that one medic having “missed the email” about confidentiality and discretion, and this does need to be dealt with, but I think you’re looking at heartache with legal action

ejbaxa · 13/06/2023 18:27

Legal action is not appropriate.

This breach cannot be undone. What would it achieve? An apology, whilst nice, would not change anything. What would you want from it?

The main thing is that you help your mother get the support she needs. What you say to her is: mum, I am so very sorry that I have upset you by speaking to the doctor, I was very worried about you and trying to help get you some support.

Whiskyinajar · 13/06/2023 18:31

Unfortunately nobody has breached confidentiality, your Mum has read her notes as she is entitled to do.

Not sure what system your GP uses but ours has a way of withholding stuff like this from patient view for sensitive reasons like this.

MillbankTower · 13/06/2023 18:33

Unless you have an activated POA in place then they should not have spoken to you.

Sharing with your mother is perfectly acceptable.

LiquidGlee · 13/06/2023 18:34

I’d imagine a Dr at the hospital accessed her GP records to get her medical and medication history on admission and saw the entry regarding the confusion. It’s quite common to do memory assessments on elderly patients on admission to hospital so possible it came up as part of those conversations? Your mum is entitled to know this information as it is regarding her health records, so I can’t imagine you’ be able to take legal action.

SongThrushFeather · 13/06/2023 18:36

Sorry OP but I think you are in the wrong here. Patients certainly have the right to see their own notes. You can’t expect a doctor not to keep their patient informed.
Imagine if someone went to your GP and told them things about you. You would want to know - the other person could have been saying anything.

ArcticSkewer · 13/06/2023 18:36

She is perfectly entitled to that information. You can't expect it to be kept confidential from her. I take your point, you don't think she asked for the disclosure, but surely noone promised you confidentiality?

SongThrushFeather · 13/06/2023 18:39

It's caused a horrible upset - she's beside herself and thinks we're all colluding behind her back and I don't even know what to say to her yet, before I find out what's going on.

If you think about it you are actually colluding behind her back. You meant well but you should have spoken to your mum or gone to the GP appointment together with her.

purplecorkheart · 13/06/2023 18:40

There has been no breech or anything. Your phonecall would have to be recorded in her notes which she is fully entitled to read as the information was about her.

I have had to deal with both my parents gp and he always tells me that I am welcome to tell him my concerns but it will be recorded in their notes which he will give them on request. With the introduction of GDPR it is not possible for them to hide the information.

The only concern here would be if her notes were left in a public place where other people other than her or people who are authorised to look at her notes.

MissLucyEyelesbarrow · 13/06/2023 18:41

MillbankTower · 13/06/2023 18:33

Unless you have an activated POA in place then they should not have spoken to you.

Sharing with your mother is perfectly acceptable.

Not correct. There is nothing to stop the OP talking to the GP about her mother, as long as the GP did not share the mother's medical information back. It happens frequently, and is perfectly lawful.

However, as the GP (I am one), it's a good idea to warn the relative that the patient will potentially be able to find out, if they see their records. We are not allowed to withhold information, just because it is embarrassing or causes annoyance. The patient's right to see their records trumps other concerns (except in some extreme scenarios e.g. serious mental illness).

AngelAurora · 13/06/2023 18:43

SP333 · 13/06/2023 17:57

Hi. I'll keep this as brief as I can, and add more detail if requested:

About 3 months ago or so, I had a private/confidential/highly sensitive conversation with my mother's GP, without her knowledge, because I was concerned she had possible dementia - her mother had it, and she has been forgetful and getting things mixed up over the last few years to a point where it seemed way beyond a 'senior moment' - I'm talking getting me and my brother confused, forgetting my girlfriend's name of 3 years that I'd told her many times etc etc etc.

I felt bad going behind her back, but I also don't (or didn't) regret it, because some conversations are impossible to have, particularly that kind, as I'm sure most people would agree.

The doctor I spoke to at the time was very kind and understanding, and said keep an eye on her etc and to get in touch with any other concerns. I didn't speak to them again until now.

So in the last week, mum was booked in to hospital for a possible blood clot in her leg, so reasonably serious, but she had forgotten the appointment and the local GP was concerned enough to actually go to her house (she lives alone and a long way from me, plus I don't even have a car). In the end, he didn't think she should be driving because she seemed a bit confused - not totally, but enough. He called an ambulance and in she went for a few days. All fine, but she has swollen legs, but nothing to panic about.

Anyway, that was that, until me and my brother both got a long, ranting email from my mum about how she couldn't believe the doctor was saying she was confused, and also couldn't believe that her 'son had contacted the GP to say he was worried about her being forgetful' - turned out that somehow (and this is where the enquiry hasn't yet established the 'somehow' - she saw all these patient notes about her, possibly from the hospital but we don't know yet. There's almost no chance she requested them, so that remains very unlikely.

It's caused a horrible upset - she's beside herself and thinks we're all colluding behind her back and I don't even know what to say to her yet, before I find out what's going on.

I spoke to the head of the practice today, and he was extremely concerned as to how she got this information and wanted to know as much as me - he sounded like he was very surprised and couldn't work how it had happened.

I'm still waiting for him to get back today, but in the mean time I wanted some feedback from anyone with appropriate knowledge if possible as to whether this constitutes malpractice or whatever.

Any help gratefully appreciated.

The information is about your mother and you breached your mums trust and confidentiality going behind her back in the first place. No you should not take legal action, you should of asked your mums consent first before having a conversation about her. She has a right to know.

EggInANest · 13/06/2023 18:43

Maybe the GP should have told you that a patient has a right to their notes?

I would be outraged if my adult Dc started talking to HCPs about me behind my back while I still have capacity and before POA for Health was invoked.

There is an investigation, once it is concluded, decide whether or not to make a complaint. If there has been wrongdoing, a complaint, not legal action. Not sure what you would gain from that.

I am sorry there has been a family upset. Maybe just be open and honest with your Mum, and say you were seeking reassurance for yourself. And apologise.

MichelleScarn · 13/06/2023 18:45

MissLucyEyelesbarrow · 13/06/2023 18:25

Your mother has the right to see anything recorded in her medical records, including this sort of information. There are very few things that can be withheld under the DPA 2018/GDPR. I appreciate that it's upsetting and unhelpful, but no one has broken the law.

On what grounds would you take legal action?

This, are you talking about taking action because they spoke to you? Surely you did t expect them to hide that uou contacted them from her? It's her notes, her info!

AngelAurora · 13/06/2023 18:45

Whatthediddlyfeck · 13/06/2023 18:26

I’ll be brutally honest, if it turns out your mum dies have dementia, you’re likely to have enough on your plate, and won’t have headspace for legal actio.

By all means push for enquiry as to how this information managed to be shared, maybe it’s as simple as that one medic having “missed the email” about confidentiality and discretion, and this does need to be dealt with, but I think you’re looking at heartache with legal action

She never asked for her mums consent, she has no grounds at all to be even thinking about taking legal action.

Quveas · 13/06/2023 18:48

MissLucyEyelesbarrow · 13/06/2023 18:25

Your mother has the right to see anything recorded in her medical records, including this sort of information. There are very few things that can be withheld under the DPA 2018/GDPR. I appreciate that it's upsetting and unhelpful, but no one has broken the law.

On what grounds would you take legal action?

This.

It's not your information, it's hers. Whilst you may have done this with the best of intentions, doctors and medical staff cannot simply withhold information from the person it is about - what if is not true! I do realise that dealing with such things are distressing for everyone, but you should have discussed this with your mother before going to her GP. Unless she is deemed to have no capacity, then she is an adult with rights, one of which is access to information held about her.

AnyaMarx · 13/06/2023 18:50

Hang o.n op - you did co tact the surgery and that will be on HER records. There has been no breach !

drpet49 · 13/06/2023 18:52

MissLucyEyelesbarrow · 13/06/2023 18:25

Your mother has the right to see anything recorded in her medical records, including this sort of information. There are very few things that can be withheld under the DPA 2018/GDPR. I appreciate that it's upsetting and unhelpful, but no one has broken the law.

On what grounds would you take legal action?

This. They are her patient notes about her health.

You have no case whatsoever.

Niceseasidetown · 13/06/2023 18:55

Good grief. Sounds like they've gone above and beyond to look out for a vulnerable patient. Really sad you can't see that.

AnyaMarx · 13/06/2023 18:55

I sense "where there's blame there a claim "

Except here there isn't .

Merrydance · 13/06/2023 19:03

The information is about your mother and on her record, so I don't see the breach. You spoke to the GP out of concern for her, what would be the point of doing so, if you did not want them to keep this in mind to review her welfare, there was not much point in doing so. They could perhaps have handled this better, but not sure where the grounds for legal action would be. Hopefully it will help you speak more openly with your mum about this in future

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