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

[SP333]

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.

You don't have the right to confidentiality, she does. As others have said above she could request her notes etc
The only time it's withheld is if it is likely to put you in danger, or cause a deterioration.

All the talk of consent forms for sharing etc is about the gp sharing information to you, not from you.

I'm a mh practitioner and we frequently take information from random people eg. Neighbours, shop keepers and concerned passer bys. We can always take info, but We can't divulge any info or say what we will do based on the info they've given.

Obviously there is a weighting system on how much we believe and act on it and we may not take much stock into accounts from Neighbours if there is a history of poor relationship etc. At most it's likely to trigger a visit to collaborate

We often use a vague someone has concerns as an explanation for why we are there. It's hard otherwise to ask specific questions eg they say they are fine but we know they have a meds stockpile unless you can do specifics about what your concerned about

The subject matter of that confidential discussion was your mum. She is perfectly entitled to see any notes relating to her health, and that includes around conversations where she was the subject.

Indeed, following your reasoning, a discussion between two doctors shouldn’t be on file, because it is confidential and your mum was the subject.

I can’t see what the breach is - the duty of confidentiality wasn’t owed to you.

We have my gp app all your notes are on there you don’t have to request anything

there seem to be a swing from concern for your mother to your focus on legal action
are you struggling financially?

home visits checking on her sounds like they gave gone the extra mile

So you’re annoyed because you went behind your mums back to her gp about her being forgetful and ? Confused and you’re upset your mother was told or found out? Moral of the story be upfront with your mother. The gp shouldn’t have been talking to you about your mum anyway, you can obs call and say you have concerns but an in-depth phone call?

There are ways to go about these things with our making your mum feel you’re all colluding together to put her in a home etc no wonder she feels the way she does, sorry but I think you’re in the wrong and even more in the wrong thinking about legal action. I know it came from a place of care and worry but it was wrong and put yourself in her shoes would you want your kids going behind your back? It’s a bit sneaky and her trust in you will be shaken. I would feel the same.

They have went above and beyond to care for your mother. A GP calling at the house because she missed an appt? And you want to take legal action when they haven't done anything illegal? Good grief.

Meant to talk about GP calling at the home. This is above and beyond. I am not a GP bit have been a nurse and midwife. When our GP could not get hold of someone recent who called in with concerning symptoms I went out there and used the key code to gain access. The patient was omah (phone was playing up) but I was so delighted the surgery had gone to that extent.

As others have said she's entitled to know what has been documented about her. You might have made the call but the information belongs to her as the data subject.
All she has to do is put a subject access request in and she can see any notes made.
No breach has been made.

You don't even need to do that. The law says that patients ahve the right o access their medical records.

I think you need to be sure there is an actual breach not just one you made up because it's difficult for you and want someone to blame

There is no breach, your mother is entitled to see her notes

the breach is actually you talking to the dr behind your mums back, and tbh I am surprised they didn’t get her consent first

You may have got things confused. The GP’s requirement for confidentiality is to the patient, your mother, not to you.

You’re entitled to talk to them about your mother, but they cannot share her medical information with you. That would have been a breach, but they’ve not done that.

You speaking to them would have been logged on her file, and would have been available to her as it’s her medical notes. They should have warned you of that.

You were concerned about your mum so I don't blame you for contacting the GP. But where did you think the GP was going to keep that information so it could be referred to in the future or be a reminder for other GPs? No one is going to be able to remember your call without it being written down. Sensibly, the only place to record it is on her notes which she is fully entitled to look at.

It's hard work having a relative with dementia - but steel yourself, because in a few months you'll be looking back on this as one of your more pleasant experiences!

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

Im struggling to see where confidentiality was breached. The GP cannot withold your mothers medical info from her. Any discussion you have with a medical person about your relative are likely to be recorded in their notes and may be shared with them. You must have been aware if that. Very unlikely the GP told you this would never be shared.

Legally, I don’t think you have a right to confidentiality. A patient has a right to confidentiality about their own health. I don’t think someone having a conversation with a GP about someone else’s health has a right for that to be confidential. It is a shame it’s been let slip and that it’s caused an upset, but I’m not sure you have a legal case for anything.

My friends midwife rang and spoke to her husband. Unfortunately it was her ex husband and she was pregnant with her new partner!

I once complained about another staff member regarding a safe guarding concern and when they interviewed her there was y name in their notes for her to see!

Op
I appreciate you didn't want her to know about your chat with doctor but actually this is her medical information so unless you have power of attorney she has the right to know anything about her. Although it does sound like the doctor was clumsy. I would probably email the practise manager with your unhappiness .

Another one who agrees you can't take legal action as while you spoke to the doctor behind your mother's back, what you spoke about relates to her and will be on her notes, which she has every right to access. I'm not sure what you think you can achieve here.

Hi
Yes as everyone else has said. If the hospital has told her you were worried they have still done nothing wrong.

But paranoia and anger are key symptoms that can appear with dementia, parkinsons and other issues. This will get more often and worse. Acknowledge to you mum the email and that you love her and try and move on from it.

It is very hard, so be united with your brother and look after yourself at this time too.

*Sorry not will but can get worse.

You breached your mother’s confidentiality, not the hospital/GP.

Any conversation that a relative has about a patient goes in the notes, and patients have the right to see her own notes. The only mistake here is if the GP promised you that your Mum would never be able to find out. Legal action would be futile.

Your Mum has a right to read her own notes when they are about her. I fail to see how this is a confidentiality breach!

It's unfortunate and I understand why you're annoyed but ultimately there's no case.

She's having memory problems but she's still a person and unless she's assessed as not having mental capacity then her health is her business! (Still her business if she lacks but decisions not in her hands then.)

@Quveas yes and the process in law is called a subject access request

Does your mother have PoAs in place for Health & Welfare and Finances? If not, get them done whilst she still has capacity.

I find it quite sad that the doctor has obviously gone above and beyond to try to help your mum and your instinct is legal action.

Trying to boost your inheritance a little, eh? 💰