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.

Technically if the GP went into any detail whatsoever about your mum, when there was no consent in place from her, then you and the GP breached confidentiality. A GP can talk vaguely about a condition, whilst not being specific about a patient, but in your case it appears that the consultation has been added under your mums notes, when actually it was YOU who was having a consultation. If you booked the appointment with your mums consent, and she knew information was being placed on her notes, fine. OR, if a consent order is in place, fine. But as you don't mention any of these, I think you are the one in the wrong here.

No malpractice that I can see.

The doctor did the right thing by recording your conversation in your mother’s notes ( they could be seen to be negligent if they didn’t) and your mother has the right to see her medical notes.

Why on earth would you want to take legal action? It seems so much the wrong priority.
Perhaps your mother had time to read some of her own medical records while they were on the doctor's screen. Perhaps a doctor accidentally pushed things far enough (during an appropriate exploratory conversation with her) to create a suspicion in your mother's mind that you had spoken with her GP.
However it happened, there is no reason to imagine that a doctor has done something so egregioius that you should derail your mother's care and your own capacity to participate in it by taking such a confrontational blame-heavy approach.

It is entirely appropriate that gp shared this concern with the hospital doctors as it may affect her treatment and ability ti communicate. How did she see her notes? If she can access gp records online or was given a copy that is information about her and she is legally entitled to see it. You can complain to practice manager as to how the conversation as recorded but unlikely to go further.

It’s not wrong to have concern for your mum and surely, despite patient confidentiality, a GP or other medical professional has to be able to have a reasonable conversation about a loved one’s well-being. The GP gave you advice, that’s not a problem.
The reality is that if your DM is confused/ affected by dementia, which seems likely, medical people are gonna notice and start writing in her notes and start trying to discuss this with her. That’s not wrong.
Your DM has been in hospital and is probably stressed and tired and feeling vulnerable. She also very possibly has dementia which is affecting her ability to think and reason and can sometimes affect emotions increasing feelings of suspicion or irritation. She’s now expressing some of this to you.
Although it’s upsetting for you and DM, it’s probably not possible to avoid this forever. Better to gently try to broach the subject and get your DM to have a memory assessment if possible.
Nothing to be gained by complaining about how she found out you had been concerned. It’s really irrelevant in the bigger picture

You don't need consent or a consent order to speak to someone, in this case a GP, about concerns you have about another person.

Safeguarding always comes first.

I had a similar situation with my Mum.

She suddenly became extremely paranoid and in a fairly short space of time this escalated until my Dad told me she was making suicidal remarks.

As this had progressed so quickly I was very alarmed and called my Dr - the same Dr my parents use. He told me he couldn't do anything as I had no authority but he could note all I told him and if I could get Mum to make an appointment he would see her immediately, which we did.

During the consultation the fact that I had told the Dr everything came out, which was news to my Mum and she was extremely unhappy that my Dad had 'gone behind her back' and spoken to me. Which, incidentally, he flat denied.

The upshot was that she got treatment but thinks we were scheming against her. I was unhappy to have been named by the Dr as the instigator of this but it was all in my Mum's notes and she had every right to know.

What would you want to achieve with legal action?

I agree.

They’ve used the info given to help your mum by doing a home visit as they were concerned. Primary care is overstretched as it is. I’d want the time to be spent on helping people like your mum, or others, rather than adding to the stress with legal action.

They have no duty to you as your mother is the patient and have not breached any of your medical information. Your mother could have requested any and all of her medical notes where it would be documented anyway.

Sounds like the OP just wants to get money by going down the legal route. Can’t see that people are trying to help her mum. Honestly people are trying their best in the medical world then you have people whinging they can’t have appts when they want…and now this.