Data protection act breaches

[Alwaysask]

Re: Data protection act breaches

Then I think I'm there aren't I?
Claim is thus:

1st manipulation of medical records by GP surgery by providing false records that fabricated a so called appointment /assessment that never occurred. The damage was that the subject access was falsely sectioned and suffered cos if it. (I will state the nature of the suffering in the claim).
2nd manipulation of data by current NHS Trust who didn't take reasonable care to record my medical condition when writing a prescription, making necessary appointment to assess my condition and failed to provide an appropriate medical certificate.(long story). The delay meant that the complainant did not receive benefit monies for 6 weeks over the Christmas period of 2014 and thereby suffered damage/loss.
Of course I can prove all my loses. But the point is both parties (Surgery & Hospital Hospital) are legally brought to account.
Is that fair enough grounds do you think to issue my CC claim?

[stevemLS]

Re: Data protection act breaches

If what you say can be proved, perhaps - but you will have a mountain to climb to persuade a court that a GP would act in this fashion and that others would engage in a conspiracy which is what you seem to be saying.

(Complaints about GPs are now dealt with by the Area Team of NHS England.)

[wales01man]

Re: Data protection act breaches

Why would any GP or Surgery do anything like this?

What would they gain by doing so

[Alwaysask]

Re: Data protection act breaches

Hi Wales,
My only concern is to show the court that I have been sectioned by virtue of a fabricated document and I suffered damage as a result.
I have no intention of trying to prove the deceitful motives of any GP, doctor or consultant as the case may be.
As regards the hospital the goal is the same -due to unprofessional conduct I have suffered loss in not providing adequate medical care, accurate assessment of my condition at the time thereby producing inaccurate medical records, delaying the process of producing the assessments needed, emotionally upsetting the patient unnecessarily and finally causing a 6 week delay /cut off of their benefits payment all during the Christmas period. That should be enough for any Judge to consider at any one time. At the same time also enough for so called professionals to think before they act with regard to patients in their care. It's a changing world!

[stevemLS]

Re: Data protection act breaches

People are sectioned on the medical recommendations of two doctors and the application must then be made by an AMHP.

I have to say it is stretching plausibility, for me anyhow, to suggest that each of those three people are acting for some sort of malicious end.

Were you detained under s2 or s3? s2 gives a max 28 days for assessment - it may then be converted to a s3 which is a max of six months at a time (for the first year) and is for treatment of a known mental disorder. If you have a known disorder that requires treatment, it is possible to be detained initially on a s3.

You have the right at any time to appeal to the First Tier Tribunal against your detention, or to the Hospital Managers - or your Nearest Relative can order your discharge (which can be blocked by your Responsible Clinician) - did you attempt any of those routes?

People are wrongly detained, very often by the police under s136, but tbh MH beds are in such short supply that the hospitals are usually pretty quick to discharge those who don't need to be there. The more common complaint is discharge when the patient doesn't feel ready for it.

[Alwaysask]

Re: Data protection act breaches

Firstly I want to thank you all for coming back to me each time. I'm wiser but hardly wise. Your advice and support have made all the difference to my situation and outlook.
Out of that respect I assure you I am not at all mistaken in what I have come to you for advice about. What does surprise me is how little you know about abuses going on surrounding the legal and medical professions. My father was a well respected GP himself and I am a well educated individual. There something about some types of cultures who just seem to think they know the situation better. But these days that thinking doesn't hold water. Take the time to simply google 'abuses around mental health legislation' and see for yourselves. There are lobbyists and forums campaigning vigorously about the potential and actual injustices & abuses the current legislation is causing and parties of all kind using the legislation to their advantage. If you think only mentally ill people are in asylums think again! Nothing I can say will convince you of the horrors going on until you have a personal experience yourselves of it happening close by not actually to you. Then you'll remember this thread. I'm afraid you don't even seem to have the cultural background to imagine this type of abuse could even occur-you're happier to believe I'm just stupid enough to waste a whole day threading messages to you all to solve some matter I'm mistaken or incapable of making a valued or correct decision about.
but there's no doubt you've all helped me in the most genuine accurate and efficient ways you can and that's what makes the difference regardless of what you believe.

[stevemLS]

Re: Data protection act breaches

I think I have probably helped as much as I can. You are plainly determined to follow your own path which is of course fine. I hope you are satisfied with the outcome, whatever that may be.

[nemesis45]

Re: Data protection act breaches

Hi,

The comment on " how little we know" is very unfair everyone who advises here volunteers
their time willingly to help others.

The rest of the post above is not only unreasonable, as no one has or is claiming to be an expert in the area of your problem.

I suggested a course of action as did others and I still hold the opinion that your " problem" is not one for a public forum, where
indeed further matters regarding data protection could easily arise.

Advice from a qualified practitioner with experience in medical jurisprudence / data protection is what you need.

nem

[wales01man]

Re: Data protection act breaches

Only an Expert knows and that knowledge costs money in defence of all on LB the advice given is rarely from an expert in the subject of the thread but from others faced with similar problems.
If you do not get the answers you want you need to seek further advice everyone on here is trying to help and all want you to get the best advice

Good luck

[Sparkie1723]

Re: Data protection act breaches

I thought I had some of the best arguments for a claim for damages under the DPA and acted as an LIP .................I nearly LOST completely until very competent legal specialists stepped in and that turned the tables for me..................This backs up all that has been advised ..........GET SPECIALIST advice before you attempt anything via the Courts on your own.
That is the best advice I can offer.

Sparkie

[leclerc]

Re: Data protection act breaches

Firstly I want to thank you all for coming back to me each time. I'm wiser but hardly wise. Your advice and support have made all the difference to my situation and outlook.
Out of that respect I assure you I am not at all mistaken in what I have come to you for advice about. What does surprise me is how little you know about abuses going on surrounding the legal and medical professions. My father was a well respected GP himself and I am a well educated individual. There something about some types of cultures who just seem to think they know the situation better. But these days that thinking doesn't hold water. Take the time to simply google 'abuses around mental health legislation' and see for yourselves. There are lobbyists and forums campaigning vigorously about the potential and actual injustices & abuses the current legislation is causing and parties of all kind using the legislation to their advantage. If you think only mentally ill people are in asylums think again! Nothing I can say will convince you of the horrors going on until you have a personal experience yourselves of it happening close by not actually to you. Then you'll remember this thread. I'm afraid you don't even seem to have the cultural background to imagine this type of abuse could even occur-you're happier to believe I'm just stupid enough to waste a whole day threading messages to you all to solve some matter I'm mistaken or incapable of making a valued or correct decision about.
but there's no doubt you've all helped me in the most genuine accurate and efficient ways you can and that's what makes the difference regardless of what you believe.

I have highlighted some posts you have made and can genuinely say that I think you are naive to state that we are simply stating things as we interpret them. You have to remember, we are trying to be the audience you need to convince. Something you have said has struck a chord with me because you are right, unless you experience it then you have no idea how certain professions distort the truth by merely lying and lying again.
I took you up on your challenge of using google to look up some things and the simplest article I found was one from the Independent 3 years ago: http://www.independent.co.uk/life-st...r-8231388.html

I think what sparkie has said is pertinent to this discussion. Take professional legal advice so that you are going in the right direction and with someone who can physically see exactly the evidence that you have because that is ultimately what will prevail in court. Not the words we say but the words that a judge will say once he has seen all the available evidence. Yes, you need to quantify damages and you will need to prove that a wrong was committed so as a final word from me, good luck and please update us as and when this matter is concluded.

[Alwaysask]

Re: Data protection act breaches

Thank you all -now too many to mention all by name -but you include StevenmLS, Nem, Sparkie, Wales. I hope all involved can identify who they are.
First as I've said before I am very grateful to you all for all your contributions. Everything you've each said has helped. In no way have I questioned your legal experience or expertise which in my opinion has been very high. There has been a lot of information to absorb. I am not determined on any one route but also don't want to follow processes that in the past have proved biased and time-wasting. Instigating legal action is to be taken very seriously especially after learning of your cautionary tales. I definitely will get specialist advice there is no doubt. I feel I have enough information for now and will not raise this issue on public forum any further.
As a general matter can you raise more sensitive issues such as this by private forum? To do this, do you apply for a VIP membership? I'm just not quite sure of how this aspect of this website works. Any clarification you could give me would be appreciated. What is the precise difference between public and private forums? I think I understand membership at £15 or £50 - is this the same as having private forum membership?

[nemesis45]

Re: Data protection act breaches

Yes correct on the Private Forum.

nem

[Amethyst]

Re: Data protection act breaches

The only difference between the amounts is how long you have access for - £15 is one year, £25 is two and £50 is 10 yrs.... really it's a vehicle to enable people to contribute to the running of the site and gives you access to a few private forums as a thank you xx

[Sparkie1723]

Re: Data protection act breaches

Her are a couple of cases on damage awards under the DPA for peeps to read and think how they can fit their own circumstances.
Sparkie
Halliday v Creation Finance Ltd

AB v Ministry of Justice ( 2014 I think)

In the recent case of AB v Ministry of Justice, the claimant made a number of data subject access requests to the Ministry of Justice which were not responded to within the time limits specified in the Act. The claimant could not prove that he had suffered financial damage, except for time and expense in pursuing the Ministry of Justice; he did not quantify this. The High Court was satisfied that the claimant had suffered damage but awarded him nominal damages of £1. As ‘damage’ (and the court has interpreted this as being ‘pecuniary damage’ which can be of a nominal sum) is the trigger for an award of compensation for distress, the court went on to award the claimant £2,500 for distress caused by the delays.