Falsification of medical records

[Fraggle45]

I discovered a nurse has falsied nearly a years worth of my medical records (used to see her weekly). Includes appointments we never had. Obviously the entries aren't kind to me and have caused a lot of damage for me including losing my support and treatment.

I referred her to the NMC at the same time as complaining to the NHS but NMC have refused to investigate as they say she is no danger and the health board have no issue with her practise even though the investigation has not yet been completed. Health board investigation is being carried out by someone she is very friendly with so a clear conflict of interest probably leading to this nurse getting away with it and continuing to break the law and harm patients.
I have 100% proof of the conversations we had.

What can be done from here is there any legal redress?

[Guest]

Re: Falsification of medical records

I discovered a nurse has falsied nearly a years worth of my medical records (used to see her weekly).

What can be done from here is there any legal redress?

Falsification of medical records is illegal. Getting the police to investigate would probably be a challenge. Finding a solicitor to take a case? Best of luck with that!

You could try discussing your evidence with the Information Commission on the basis of breach of Data Protection

Other than that - as someone whose broken neck and back were misdiagnosed in 1990/91 as whiplash and a psychological disturbance - I have experienced first hand the collusion between the medical and legal professions to prevent disclosure of medical errors. My evidence eventually came from the then Dept of Health via the Disability Benefits dept. Any Benefits dept involvement in your case? Might be worth pursuing....

[heisenberg]

Re: Falsification of medical records

I discovered a nurse has falsied nearly a years worth of my medical records (used to see her weekly). Includes appointments we never had. Obviously the entries aren't kind to me and have caused a lot of damage for me including losing my support and treatment.

I referred her to the NMC at the same time as complaining to the NHS but NMC have refused to investigate as they say she is no danger and the health board have no issue with her practise even though the investigation has not yet been completed. Health board investigation is being carried out by someone she is very friendly with so a clear conflict of interest probably leading to this nurse getting away with it and continuing to break the law and harm patients.
I have 100% proof of the conversations we had.

What can be done from here is there any legal redress?

Bear in mind that the NHS will seek to cover their backs as much as possible.

If the nurse exercised a 'medical opinion' you have an uphill battle doing anything about it as the Data Protection Act allows them to store their 'medical opinion' even contrary to your objections, though you could ask them to add a note setting out your position. In fact, even if you can prove the data is causing you damage and distress, the Trust can still hold onto the data if it may be relevant (so much for fairness).

Once the NHS have responded to your complaint, I would look to escalate it to the PHSO. If they agree to investigate your complaint, they will instruct an expert for advice. They may recommend to the NHS that they pay you some compensation.

Failing that, if you could prove the nurse was negligent, you may be entitled to damages under the Data Protection Act as a result of the inaccurate/misleading information. You may also be able to take the nurse/NHS to court for a breach of a duty of care. To prove the nurse was negligent is a very high hurdle.

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You could try discussing your evidence with the Information Commission on the basis of breach of Data Protection

Be warned, they are hopeless when it comes to this type of thing. I would avoid the ICO as much as possible.

[heisenberg]

Re: Falsification of medical records

Just noticed the date of the original post.