Data protection breach by NHS

[unclebobby]

My GP sent off medical evidence to my employer despite me wanting to see it first. As a result she has sent info that I did not want my employer to see. This has caused me considerable stress and anxiety (which are exasperated by my bi polar). Can anyone advise me as to whether it is worth suing the NHS and the likely compensation I would receive? thanks

[MIKE770]

if employer paid £15 or whatever the cost is now to see your records with your permission which you must of given for the action to take place then Doctor is obliged to send medical records held, any part not sent could be deemed fraud with intent to deceive is my thought so they have done correctly. sure others will respond, but be very careful it could cost you for withholding known medical information. dangerous area if a job depends on health issues!

[unclebobby]

if employer paid £15 or whatever the cost is now to see your records with your permission which you must of given for the action to take place then Doctor is obliged to send medical records held, any part not sent could be deemed fraud with intent to deceive is my thought so they have done correctly. sure others will respond, but be very careful it could cost you for withholding known medical information. dangerous area if a job depends on health issues!

Sorry, but you have misunderstood me. Yes I did give permission, but I wanted to see the medical disclosure before it was sent to my employer. That is my legal right and I ticked the box on the disclosure form. I wanted to see if beforehand as I did not want all my medical history disclosed (which is my legal right). Unfortunately, my nightmare has come true. I can assure you there is certainly no fraud on my part.

[MIKE770]

do not mis understand you - you gave permission - no person responsible can manipulate contents of a true record -0 that is fraudulent act in the eyes of the law and a Doctor could get struck off as well, I have asked for somebody to enlighten us on your situation?

[Amethyst]

Tagging Ula and mariefab and Peridot regarding disclosure of Medical Records to Employer. It sounds like your GP acted correctly in obtaining your consent and asking if you wish to see the report first ( and thus have the opportunity to withdraw consent ) - but failed to actually carry that through.

4 Access to reports before they are supplied.

(1)An individual who gives his consent under section 3 above to the making of an application shall be entitled, when giving his consent, to state that he wishes to have access to the report to be supplied in response to the application before it is so supplied; and, if he does so, the applicant shall—

(a)notify the medical practitioner of that fact at the time when the application is made, and

(b)at the same time notify the individual of the making of the application;

and each such notification shall contain a statement of the effect of subsection (2) below.

(2)Where a medical practitioner is notified by the applicant under subsection (1) above that the individual in question wishes to have access to the report before it is supplied, the practitioner shall not supply the report unless—

(a)he has given the individual access to it and any requirements of section 5 below have been complied with, or

(b)the period of 21 days beginning with the date of the making of the application has elapsed without his having received any communication from the individual concerning arrangements for the individual to have access to it.

(3)Where a medical practitioner—

(a)receives an application for a medical report to be supplied for employment or insurance purposes without being notified by the applicant as mentioned in subsection (1) above, but

(b)before supplying the report receives a notification from the individual that he wishes to have access to the report before it is supplied,

the practitioner shall not supply the report unless—

(i)he has given the individual access to it and any requirements of section 5 below have been complied with, or

(ii)the period of 21 days beginning with the date of that notification has elapsed without his having received (either with that notification or otherwise) any communication from the individual concerning arrangements for the individual to have access to it.

(4)References in this section and section 5 below to giving an individual access to a medical report are references to—

(a)making the report or a copy of it available for his inspection; or

(b)supplying him with a copy of it;

and where a copy is supplied at the request, or otherwise with the consent, of the individual the practitioner may charge a reasonable fee to cover the costs of supplying it.

5 Consent to supplying of report and correction of errors.

(1)Where an individual has been given access to a report under section 4 above the report shall not be supplied in response to the application in question unless the individual has notified the medical practitioner that he consents to its being so supplied.

(2)The individual shall be entitled, before giving his consent under subsection (1) above, to request the medical practitioner to amend any part of the report which the individual considers to be incorrect or misleading; and, if the individual does so, the practitioner—

(a)if he is to any extent prepared to accede to the individual’s request, shall amend the report accordingly;

(b)if he is to any extent not prepared to accede to it but the individual requests him to attach to the report a statement of the individual’s views in respect of any part of the report which he is declining to amend, shall attach such a statement to the report.

(3)Any request made by an individual under subsection (2) above shall be made in writing.

[ULA]

If you clearly requested that you wished to see the medical report before your GP sent it to your employer then yes this is what should have happened. I am not sure what if any compensation you would be eligible for, however in the first instance I would suggest you contact your GP's practice and request a copy of their complaints procedure and raise the issue as detailed in the document.

[wales01man]

Was the request in writing?

[Amethyst]

Normally when a request is made by an employer or an insurer the GP sends you a consent letter where you can tick a box to say you want to see the report before it is sent before signing and returning that letter to the surgery. It sounds like that ' I want to see my records first' instruction hasn't been picked up when the consent form has been returned. Have the GP's surgery confirmed whether it was noted you wanted to see a copy when they logged the request / consent ?