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Jules.

Data Protection

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Not really Data Protection Jules as that applies more to information collected and stored about you, ie medical records, computer files etc. However, it is most definitely a breach of patient confidentiality. No health professional should give that type of information out without your consent :?

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It does seem ridiculous that you can't, for example, speak to Sky unless your are the account holder, but that a hospital thinks it's OK to give out information like that when they don't know who they're talking to.

 

Definitely contact PALS at the hospital concerned!!

 

Rob

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I would say that the person who spoke to your husband has not followed hospital guidelines, maybe not being familiar with correct practice.

 

Contact the powers that be and voice your complaint.

 

It may prevent it happening to someone else.

 

If it was a nurse it will have been drummed into her since the day her training started that you do not give out any patient information to a third party. It goes against the Code of Professional Conduct that all nurses must adhere too and could, in theory, lead to disciplinary measures. Not saying it would necessarily go that far, but you may want to consider taking it further Jules. A slip like that could be just a one off, or a symptom of a wider disregard for professional practice.

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As Snowy Howells has said, it's not breaching data protection but it's definitely going against the grain for patient confidentiality. Om the hospital website you should be able to see the formal process for raising a complaint - it's usually via PALS first, and then if you don't have any joy you should contact the NHS Trust.

 

Good luck!

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I had someone ring from our GP surgery once asking to speak to my Mum. I offered to take a message and she passed on blood test results and asked my Mum to contact the surgery ASAP to make another appointment. I obviously was very concerned, especially since I wasn't aware that my Mum was ill... it turned out that she had not been to the doctor but someone with the similar name but different d.o.b was actually who they were trying to contact.

 

When we complained to the practice manager we were told that 'mistakes can happen' she wasn't even apologetic :roll:

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that really is terrible, i would definatly complain, our docters phoned my house once and told my mum the results of my sisters pregnancy test (which was posotive) luckely my mums brill like that but it could have been a complete disaster! and im very sorry to hear about your ectopic pregnancy and want to send you my hugs, i suffered an ectopic a couple of years ago, and wish id asked so many more questions, not something id ever like anyone to have to go through

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I agree with Susan.

 

Being ditsy and delightful is no excuse for breaching confidentiality.

 

She had no reason to assume that you wanted the matter discussing with your husband.

 

The hospital won't know that a problem exists unless they are informed.

 

At the very least they need to reissue guidelines to the staff.

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I agree it is odd and not right that results should be given to anyone except the patient... especially when, as other people have said, lots of companies will not talk to anyone except the account holder for many things... health issues and health records should be handled with more caution and respect...

I find the whole data protection thing totally aggravating myself... the number of times people have refused to speak to me about anything on the phone just because it was in my husband's name, although I'm the one here running the house and waiting for workmen and so on, is amazing. I once was at home waiting for a repairman for the sky box, and he didn't turn up and I had to go out and no one would tell me anything over the phone, although obviously I was the one who was at home, would deal with the guy when/if he turned up, and mostly the one being inconvenienced... I believe household things should be allowed to be handled by anyone living at the same address, and this data protection thing is just idiotic at times. After all I could get my neighbour's husband to call them and say he's my husband and they'd discuss it with him, as he's a male voice and I could give him the security details... it opens doors to that kind of abuse, but doesn't let spouses deal with each other's daily home things...

When it comes to health things, blood results and so on, it's totally different... no one should ever presume that anyone has shared their health concerns with anyone even in their closest family, and results should not be given unless a patient has given consent...

I'm not one for easily complaining, but I think this should be mentioned to the hospital...

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After all I could get my neighbour's husband to call them and say he's my husband and they'd discuss it with him, as he's a male voice and I could give him the security details... it opens doors to that kind of abuse, but doesn't let spouses deal with each other's daily home things...

 

I totally agree.

 

I once had to get my son to make a phone call for me for this very reason!

 

He has the same name as his father so he wasn' exactly fibbing....but it did make a nonsense of the whole thing.

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Data Protection has been a really big problem for me too.

 

My Mum had an accident a couple of years ago which has left her brain damaged, & she is in a permenant care home.

She was seperated from her husband at the time & he is now 'missing'.

So,its been down to me to try & sort out her finances :roll:

 

I have all this paperwork about her pensions,insurances & so on,but no one will speak to me about it,as I am calling on my Mums behalf. They simply do not understand that Mum in incapable of conversation or the signing over of documents to me.

I have just managed to get copies of her birth certificate - that took 18 months.

As her assets are under a certain amount,I am unable to become her reciever,which would give me legal standing, & as she was married I am unable to be her next of kin in any official capacity,even though my step father is awol & they were seperated.

 

It is an absolute nightmare.

 

The hospital were very wrong to leave info with anyone other than the patient & I for one would take it further...................

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It is crazy, we have 2 dogs, one insured in my name and the other in my husands, just the way it went when insuring them :?

 

I tried to renew the policy on the one not in my name with Petplan, and they wouldn't let me due to data protection :? I had the bank details (joint account) postcode, policy number etc. and they said he had to ring :roll:

 

If they can be so particular with a dog insurance, then it was very wrong of them to give out your information to someone other than you :?

 

Karen x

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The most annoying thing about all this is they say it "Data Protection"

 

They are talking out of their vents!

 

The data protection act is about the use and storage of PERSONAL data - as described below

 

Personal data is about living people and could be:-

- their name

- address

- medical details or banking details

 

'Sensitive' personal data is also about living people, but it includes one or more details of a data subject's:

- racial or ethnic origin

- political opinions

- religion

- membership of a trade union

- health

- sexual life

- criminal activity

 

When they refuse to speak to you on the phone because the policy is in husband/wifes name YOU ARE NOT ASKING THEM TO DISCLOSE PERSONAL DATA. Therefore its not the Data Protection Act but their own rules on privacy.

 

I once sold a car and the buyer called me when he picked up the bankers draft and gave me the number of the draft and the bank he had drawn it at. To ensure it wasn't faked I called the bank to verify that they had issued a draft with this number for this amount. They refused under the "data protection act". errrm NO not covered by the data protection act! But bank wouldn't budge so I spent a few days sweating for a 10k draft to clear.

 

Next time I sold a car I went with the buyer to her building society where they transferred the money across to my account.

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I agree with everyone else, the nurse was very wrong to pass on this kind of confidential information to anyone other than yourself. It is a breach of patient confidentiality, which all nurses know from practically day 1 of their training is an absolute no. All nurses are guided by the Code of Professional Conduct, and as Snowy said a nurse in breach of that could be at risk of disciplinary action from our governing body, the NMC :shock: .

 

It can be tricky when you need to contact a patient with results and someone else answers the phone and offers to pass on a message, but you can never assume that it's OK to leave messages with other family members, you simply don't know how much information people choose to share about their health. She should have rang your mobile, or possibly left a message to contact x on telephone no xxx.

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Thanks Kate A.

Stuart didn't even get to offer to take a message for me- he didn't get a chance to get a word in edgeways. It seems she just rattled off my results & then put the phone down.

Stuart had had instructions from me to ask for more blood bags to be sent out to me in the post if/when the hospital rang while I was out, but he didn't get the opportunity to. And when I couldn't get through to the ward later that day to ask them to send them to me it really upset me.

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Data Protection has been a really big problem for me too.

 

My Mum had an accident a couple of years ago which has left her brain damaged, & she is in a permenant care home.

She was seperated from her husband at the time & he is now 'missing'.

So,its been down to me to try & sort out her finances :roll:

 

I have all this paperwork about her pensions,insurances & so on,but no one will speak to me about it,as I am calling on my Mums behalf. They simply do not understand that Mum in incapable of conversation or the signing over of documents to me.

I have just managed to get copies of her birth certificate - that took 18 months.

As her assets are under a certain amount,I am unable to become her reciever,which would give me legal standing, & as she was married I am unable to be her next of kin in any official capacity,even though my step father is awol & they were seperated.

 

It is an absolute nightmare.

 

The hospital were very wrong to leave info with anyone other than the patient & I for one would take it further...................

 

Sarah, have you thought of getting Power of Attorney for your mother's affairs - that way, she will be able to sign it over to you and you can administer everything. The law on this changed recently, but Phil's folks recently had it done for al their affairs (while they are still in their right minds) so that if anything happened to them, or they were incapacitated, then he could manage it for them.

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I would recommend to anyone that they set up an "Enduring Power of Attorney" in case the worst happens. Mum has one set up and I'm getting one too - it saves a lot of hassle if something has happened and you need control.

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Sarah, have you thought of getting Power of Attorney for your mother's affairs - that way, she will be able to sign it over to you and you can administer everything.

 

It wouldn't work I am afraid.

Power of Attorney is for people with all their mental capabilities, who are able to make the decision to sign over to a relative.

My Mum unfortuantly often doesn't even recognise myself or my siblings,so cannot be expected to sign over (she cannot write either)

 

Had it been a slow sickness that caused this we could have got it before she deterioated too much,but it was all very sudden.

 

I am hoping my Solicitor can come up with another solution for us soon.

The thing we need to get is recievership - I would be my Mums reciever - but they will only do this if the person in question has assets,which my Mum has not.

However,my Grandmum is very old now,so Mum will be left a fairly large amount of money in the future.

The recievership people will only go ahead & appoint someone WHEN this happens though :roll:

 

It is a nightmare for me - there is no way at the moment that I can get any sort of legal standing on my Mums affairs, leaving any inheritance open for my errant Stepfather to get his hands on :roll:

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