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GDPR and doctors

  • 19-11-2020 11:34pm
    #1
    Closed Accounts Posts: 957 ✭✭✭


    If a doctor puts something you consider wrong in your medical notes how do you stand re changing it by GDPR? Is it an opinion that you cannot change?


    If you send them a letter saying "i consider this is wrong" are they obliged to send it to anywhere they sent the original?


Comments

  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Are you talking about a professional (medical) opinion or a statement of fact?

    If we’re talking about a medical opinion, you’re going to have to get a second opinion from another doctor.


  • Registered Users, Registered Users 2 Posts: 450 ✭✭dingledosser


    It has nothing to do with GDPR.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    coylemj wrote: »
    Are you talking about a professional (medical) opinion or a statement of fact?

    If we’re talking about a medical opinion, you’re going to have to get a second opinion from another doctor.
    professional (medical)opinion i suppose, in a letter from consultant to gp. but the gp seems to accept it as fact


  • Registered Users, Registered Users 2 Posts: 5,488 ✭✭✭Padre_Pio


    Do you understand what GDPR is?


  • Registered Users, Registered Users 2 Posts: 985 ✭✭✭Mjolnir


    Thats not how gdpr works.
    Its an expert medical opinion from a consultant, while it may be wrong (factually, or just as far as you're concerned) a gp will take it as the consultant will generally be rather knowledgeable in their field.
    You can't have an expert opinion redacted, omitted or altered to suit yourself or your opinion.
    You'll have to consultant another consultant.


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  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Mjolnir wrote: »
    Thats not how gdpr works.
    Its an expert medical opinion from a consultant, while it may be wrong (factually, or just as far as you're concerned) a gp will take it as the consultant will generally be rather knowledgeable in their field.
    You can't have an expert opinion redacted, omitted or altered to suit yourself or your opinion.
    You'll have to consultant another consultant.
    i see that now.
    Its an expert medical opinion from a consultant, while it may be wrong (factually, or just as far as you're concerned) a gp will take it as the consultant will generally be rather knowledgeable in their field.
    they can be wrong. I have now read it cannotbe changed even if another doctor says it is not so now since it was their opinion at the time


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    If a complaint is made to the Medical Council can the doctors' solicitor access the patients records without their consent


  • Registered Users, Registered Users 2 Posts: 985 ✭✭✭Mjolnir


    If a complaint is made to the Medical Council can the doctors' solicitor access the patients records without their consent

    It would depend on the situation, if it was in order to vindicate the physician the solicitor can of course request access if you were to refuse they could seek a court order. The medical council generally only act when the drs ability/eligibility to practice is brought into question under no circumstances can they have the drs opinion or decision altered or have them apologise.

    https://www.medicalcouncil.ie/public-information/making-a-complaint-/grounds-for-complaints/grounds-for-complaints.html

    Those are the seven grounds for complaints to the medical council, as well as examples of complaints they can act upon.

    Best advice is seek legal advice from a solicitor specialising or well versed in medical law.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Mjolnir wrote: »
    It would depend on the situation, if it was in order to vindicate the physician the solicitor can of course request access if you were to refuse they could seek a court order. The medical council generally only act when the drs ability/eligibility to practice is brought into question under no circumstances can they have the drs opinion or decision altered or have them apologise.

    https://www.medicalcouncil.ie/public-information/making-a-complaint-/grounds-for-complaints/grounds-for-complaints.html

    Those are the seven grounds for complaints to the medical council, as well as examples of complaints they can act upon.

    Best advice is seek legal advice from a solicitor specialising or well versed in medical law.
    I know that, there is more to it than the records. It is not my file. I will be speaking to a solicitor


  • Registered Users, Registered Users 2 Posts: 73 ✭✭sportzstar


    No but I don't know why you'd want to? Under GDPR you can request copies of your data and have a mistake changed. You'd have to prove this is a mistake.



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  • Registered Users, Registered Users 2 Posts: 142 ✭✭hierro


    Now we could talk about GDPR?

    *Unless other qualifying criteria exists.... 😉



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