Breach of Patient Confidentiality

JenniFurr

I'm very sorry if I have posted this in the wrong forum. I'm looking for advice about an old case. I don't wish to press charges (ie seek monetary conpensation) but I want to make a formal complaint.

This incident happened about 4 years ago. I was having some psychiatric problems and I was visiting a psychiatrist at my local hospital for help for a few months. At one point I felt like my symptons were becoming unmanagable and asked to be admitted to the hospital's psychiatric ward. My usual doctor was on holiday at the time so I had to explain my situation (including sources of stress, anxiety etc) to a different doctor before admittance. I'll call this doctor "Dr.M". I mentioned in passing, along with a lots other problems, that I was stressed out that my father had lost his job and that I felt I was a financial burden on my family due to me being in college at the time.

I was admitted and called my family to let them know where I was. After being given a cocktail of drugs to calm me down, I fell asleep. When I woke up I found my father in tears as he come to hospital to find out if everything was okay. It turns out "Dr.M" had told him what I had said, I mean everything I had said in confidence.

My father felt he was the sole cause of what most people would call a breakdown. In turn my emotional state got even worse from guilt. I was not in my right mind at the time to make a complaint but it has been bothering me for a long time.

I was a voluntary patient (and an adult) so I did not need a guardian to take responsibility of me. I left after 6 weeks even though they suggested I should stay so there was no way I was classed as "involuntary". I also never at any point gave consent to my case being discussed with anyone other than medical staff.

I'm wondering if anyone has advice as to how I would make a complaint. Also would the age of this incident be an issue?

Sorry for the long post!

Ken.

Have a read of this and if you feel you've been violated* contact a solicitor or ring the number at the top of the pdf and ask to make a formal complaint. http://www.imo.ie/policy-international-affair/documents/policy-archive/Doctor-Patient-Confidentiality.pdf


*- I can't think of a better word.

JenniFurr

ken wrote: »

Have a read of this and if you feel you've been violated* contact a solicitor or ring the number at the top of the pdf and ask to make a formal complaint. http://www.imo.ie/policy-international-affair/documents/policy-archive/Doctor-Patient-Confidentiality.pdf


*- I can't think of a better word.

Thanks. I did have a quick read of that before I posted but I was under the impression that the organisation was more for protecting doctors than patients since their mission statement says "The role of the IMO is to represent doctors in Ireland and to provide them with all relevant services." I'll give them a ring though.

davo10

Legally you would be statute barred from making a claim for negligence/malpractice against the Doctor.

The Statute of Limitations for medical negligence in Ireland is 24 months from the date an injury in known to have been sustained and, while there are a few exceptions, the way that the time limit for claiming personal injury compensation is applied is explained below.

The purpose of the Statute of Limitations is twofold, benefiting both the plaintiff and the respondent. The plaintiff is required to initiate the claim soon after a negligent act has caused an injury, which ensures that the claim is commenced while evidence of negligence is strongest. The respondent benefits from not being made to live under the constant fear of litigation. Once the time limit has elapsed, no personal injury claims will be possible and a case will be time barred.

You could complain to the medical council not the IMO but again the fact that you waited 4 years to make a complaint will not count in your favour. Psychiatric illnesses are tricky and though PC is sacrosanct, sometimes a judgement call may have to be make in the patient's best interests. In this case the medical council would have to determine whether the Dr was negligent in disclosing information told in confidence, even if he/she felt it was important for your wellbeing.

JenniFurr

Thanks davo10, this is the sort of info I was looking for. I thought that too much time had elapsed but I could not find a specific time frame for the statute of limitations. I wouldn't have been seeking any sort of financial gain anyway.

I may still make a complaint but I too thought that the psychiatric wellbeing of a patient is a grey area in terms of patient confidentiality. I wouldn't have had an issue with this doctor give general information about my health, seeing as my family already knew I was unwell and was in hospital, but he made them aware of many private details I would never consent to and it did lasting damage.

Dandelion6

davo10 wrote: »

Legally you would be statute barred from making a claim for negligence/malpractice against the Doctor.

The Statute of Limitations for medical negligence in Ireland is 24 months from the date an injury in known to have been sustained

No, the limitation period for personal injury in Ireland is 24 months from the date of knowledge. Breach of confidentiality is a separate tort and is subject to the ordinary limitation period of six years. It's not exactly straightforward though and without hard evidence of the lasting damage you might find it difficult to recover enough to make bringing an action worthwhile. Complaints procedure sounds like a better way to go.

Psychiatric well-being isn't that grey an area, btw. There are still strict limitations on what can be disclosed to a third party and going just on what you've said it's hard to see a justification in this case.