Data protection act breaches

[Alwaysask]

Medical Records under my name are clearly wrong. One letter has been removed, another not (and I can prove it's inaccuracy), several letters that should have been on my records aren't there and finally some erroneous legal documents are on file.
How and to whom can I make an immediate complaint against the NHS Trusts involved which due to me moving a lot recently number three in total?
I just want to get the ball rolling as these hospitals aren't taking things seriously. Or they feel they can get away with anything.

[nemesis45]

Re: Data protection act breaches

Your complaint should be made to the Chair/CEO of the Primary Care Trust in the first in instance,

nem

[Alwaysask]

Re: Data protection act breaches

I don't believe I have to use the Complaints Procedure and I don't wish to. The breaches are too serious, have gone on too long and are not being taken seriously enough though the breaches are very serious. I am undergoing medical treatment which is being effected too. I wish to start Civil Proceedings immediately or, at the least, refer the matter to The Information Commissioner also immediately.
Please advise along these lines.

[Kati]

Re: Data protection act breaches

I wish to start Civil Proceedings immediately or, at the least, refer the matter to The Information Commissioner also immediately. Please advise along these lines.

I'm not sure the ICO would look at your complaint without you first going through the complaints procedure with the NHS ... Nem's suggestion of writing a formal complaint to the chair/CEO is a good start. I've found that complaints made to the 'highest' employee usually works a lot faster than going through the normal procedure :nod:

[Alwaysask]

Re: Data protection act breaches

I wish I could have your confidence. the NHS just close rank. No responses to letters, 40 day period expired, recorded delivery letters claimed not to be received yet all the Laws & regulations are on my side. this is how a threatened organisation(so) behaves. I've had no luck with the Commissioning Supports Unit and trying to follow the Complaints Procedure a year or two back. It is the NHS doctors & management causing all the problems. It's not as if I have never tried. But enough is enough. I want serious action now. If the ICO sees I've tried that surely is sufficient isn't it? I want to take the risk as each day the parties are deceitfully covering their tracks or trying to
No, I want an Independent intervention now. Is there a possible Civil Claim for damages cos I can prove a direct connection as to how I have suffered and that gets the process for the injustices going? Remember.medical records are disputes as to questions of fact not opinion so much easier to prove breaches.
I would like to know what steps I can take. I can't see how the ICO could have an absolute ban on individuals who have followed due process but aren't getting anywhere over matters as serious as their own medical records.
I can issue a County Court claim tomorrow and still pursue the ICO process can't I?

Meanwhile, and before I forget, I should thank you for your very speedy responses.

[nemesis45]

Re: Data protection act breaches

I don't believe I have to use the Complaints Procedure and I don't wish to. The breaches are too serious, have gone on too long and are not being taken seriously enough though the breaches are very serious. I am undergoing medical treatment which is being effected too. I wish to start Civil Proceedings immediately or, at the least, refer the matter to The Information Commissioner also immediately.
Please advise along these lines.

This is not in my opinion a subject for a public forum, but just for information ony.

Any court will expect you to have explored and exhausted all the Trust complaints
procedures, you can address a complaint to the trust designated Data Controller.

It has already been stated that records are not completely centralised so documents
may well be stored in different areas.

If you are intent on litigation I would suggest you find a specialist solicitor who will
advise you on the merits and Costs involved in such an action.

None of the regulatory bodies such as the ICO will want to get involved once
a court action has started.

We here on Beagles cannot advise fully without the full details of your claims and I for one
would not be happy advising on such matters on an open forum.

nem

[Sparkie1723]

Re: Data protection act breaches

My advice is to first call the ICO advice centre and tell them basically what you have posted ....they will tell the way forward ....and when and how you can make a complaint to them for them to investigate.................before any Court action ....it is essential and beneficial that you have the ICO's view on the matter................if they give you their view that you have a reasonable enough claim to present to the Court.....the I would proceed on that .......but I advise that you weigh up the pros and cons first...............I for one have gone through the process of incorrect Data Protection issues right the way to the Court of Appeal.............Not many cases have been won under the Data Protection Act claims.

Sparkie

[stevemLS]

Re: Data protection act breaches

Your complaint should be made to the Chair/CEO of the Primary Care Trust in the first in instance,

nem

PCTs were abolished over two years ago.

If it is hospital trust records then the hospital trust will itself be the data controller and complaints should be directed at them. The CSU supports CCGs and they were also the inappropriate body to handle hospital complaints. The NHS Complaints process is actually very effective.

In 12 years I have only dealt with 1 DPA based complaint which was about GP records and information the complainant wanted removing. It ended up with a two day trial before the designated civil judge (the most senior local non High Court judgment) and was dismissed in withering terms, the complainant ended up with a costs bill of £70k.

[Alwaysask]

Re: Data protection act breaches

Thank you Starkie, StevenmLS and Nem.

The last draft has been lost. So I have write this message all oer.
The NHS are now offering to re-write the disputed document because they know I have specific evidence against them. I expect them to incorporate my.evidence to add credibility to the new version of the document they will now create. Can I stop them unilaterally changing the disputed document like this? Once they have done this the other issues in the dispute are conversation-based and so very much harder for me, the complainant, to prove
That's why I want to go to issue a claim re the document as on file now in its entirety. The County Court Claim will state all the errors. The NHS are now also claiming they can't remove medical records of senior staff members only alter them which of course is a game. How will or how could 'they'' possibly know what part of the document 'need' to change? The document was written 23rd Feb 2015, the incident itself occurred even longer ago - Dec 2014.
I want to protect my claim so lodging a CC claim at least 'freezes' things as they stand now. It also transpired a day or two ago that not only had NHS not replied to my 4 registered complaint letters but none of these letters was on my medical file . This is a breach in itself.
The ICO can 't help if the disputed document keeps changing!
Can I stop them changing the document as it is now?

[stevemLS]

Re: Data protection act breaches

I'm finding it quite difficult to follow what your actual complaint is.

Has a document been lost? What is the nature of the document? They are now offering to reconstitute it? Or is it that you disagree with the content of something.

If the incident was Dec 2014/Feb 2015 you have plenty of time to think about court action, you would also be expected to write a letter before action to each trust setting out your final position and giving them the opportunity to rectify.

You have the right to add a "Note if Correction" to your medical records in which you can record your dissatisfaction and say what you think the correct facts are.

I'm afraid they are right when they say they can't remove records (except where plainly wrong - different patients blood results in your records - and even then not in every case) as with every data controller, they have a duty to ensure the record is accurate, which precludes removal of records - this assumes greater importance with medical records where treatment decisions may have been based on the view or diagnosis recorded by that clinician.

[leclerc]

Re: Data protection act breaches

Thank you Starkie, StevenmLS and Nem.

The last draft has been lost. So I have write this message all oer.
The NHS are now offering to re-write the disputed document because they know I have specific evidence against them. I expect them to incorporate my.evidence to add credibility to the new version of the document they will now create. Can I stop them unilaterally changing the disputed document like this? Once they have done this the other issues in the dispute are conversation-based and so very much harder for me, the complainant, to prove
That's why I want to go to issue a claim re the document as on file now in its entirety. The County Court Claim will state all the errors. The NHS are now also claiming they can't remove medical records of senior staff members only alter them which of course is a game. How will or how could 'they'' possibly know what part of the document 'need' to change? The document was written 23rd Feb 2015, the incident itself occurred even longer ago - Dec 2014.
I want to protect my claim so lodging a CC claim at least 'freezes' things as they stand now. It also transpired a day or two ago that not only had NHS not replied to my 4 registered complaint letters but none of these letters was on my medical file . This is a breach in itself.
The ICO can 't help if the disputed document keeps changing!
Can I stop them changing the document as it is now?

I guess the question that springs to mind on this one is the obvious one: What do you want to get out of this?

Do you want money?
Is the information life sensitive, ie will it affect any future treatment that you might have that is life threatening?

What information does the document have and why is it important that it is on your file? Why can a simply amendment that meets your criteria not be sufficient to alleviate your concerns?

I have to state, that going through the courts, is not something that is anything I can advise on apart from saying that it should go through the following link:

http://www.nhsla.com/Claims/Pages/Home.aspx

There's not much information to go on, to be honest, so not sure how you should proceed.

[stevemLS]

Re: Data protection act breaches

Alleged Data Protection Act breaches are not dealt with by the NHSLA.

They are the equivalent of an insurer, so you wouldn't initially deal with them in any event.

[leclerc]

Re: Data protection act breaches

Alleged Data Protection Act breaches are not dealt with by the NHSLA.

They are the equivalent of an insurer, so you wouldn't initially deal with them in any event.

I guess then my main issue is what damages can be obtained from a county court litigation?

[Alwaysask]

Re: Data protection act breaches

Thank you once again.

You need a fuller account but I am so grateful for your patience.

The basic story is that my last GP completely fabricated a document that claimed I had an appointment with a doctor I have never heard of or even met. Based on an argument I had at the surgery, the Practice then used this false document to corroborate an application to have me sectioned. I have no and never have had any kind of mental problem but the application was made ex party and I could do nothing when police arrived at my door. All the claims made by my former GP are false but they had a grudge because I was in the process of making a formal complaint against the surgery.And however incredulous it may sound complaints against Practices or GP's themselves have a very bad effect on patients as all complaints are public in a sense.
In a new Practice a doctor at a hospital who I have met or who has never had access to my medical history made up a story about me supposedly referring to' other medical problems.' I have no other medical problems so while I try to amend the original travesty he deliberately has tried to validate the lie about my medical condition. This was deliberate. In the course of his deceit the doctor wrote 3 inaccurate prescriptions getting my symptoms and conditions completely wrong. How then could I have discussed anything else with him? I came out of the appointment so visibly upset that a senior consultant who happened to see me immediately recommended that I change doctors and himself confronted the doctor to write the prescription again which he finally did.
Doctors are being encouraged to behave like this by outside parties. It has to stop and their behaviour shown up. Now the NHS are refusing to release the original GP documents so I can challenge everything together. Eventually they will have to but complaints procedures just play in to the delays they want.
I was lucky when you're treated like this you're not expected to make a comeback. I should at least be able to write an immediate letter to the NHS telling them that unless their correction document is 100% accurate I will issue proceedings for manipulation of medical records and unprofessional conduct. All the doctors and their deceits will be there out in the open. It's not good enough that I have had no reply to 4 letters of complaint written 3 months ago and not even put on my files so as not to incriminate themselves. I warned them in my letters that I would not use PALS.
Professionals shouldn't behave like this but the casual rude manner I encountered two days ago is the last straw.
I hope at least the story is clear even if the solution to take isn't!

[stevemLS]

Re: Data protection act breaches

You can only get a monetary award if you suffer damage or distress with damage.

It is a defence to show that the data controller took all such care as is reasonably required.

(The NHSLA wouldn't pay the damages anyhow).

(I bear the scars of dealing with this type of matter for years)