On Monday I am due to testify in relation to a dental negligence case where a dentist repeatedly misdiagnosed a number of serious dental problems.
A couple of years ago when this case was being prepared I was asked for consent to obtain medical records.
This morning I received a "pack" containing a copy of my witness statement and all exhibits. One of these exhibits has greatly upset me.
Despite the fact that this problem related to my teeth in 2005, it contains things like:
smear test results
post natal depression
some problems my son had with fluid on one of his testicles
genital examination findings
a mole I had when I was 14 (20 years ago)
full history of all three of my pregnancies
etc. etc.
I feel like my privacy has been completely invaded. Although I gave consent for medical notes to be obtained, I assumed they would be relevant to the matter in hand.
Do I have any recourse under the Human Rights Act? What can I do to complain and who would my complaint be against - the doctors for giving out the notes, the courts for circulating them?
rickinnocal
You gave consent for the release of medical records. You have no recourse.
In any medical malpractice suit the defense will ALWAYS require access to all the medical records. One never knows what might be found that might be related - even if indirectly - to the current case.
Richard
Orignal From: Invasion of Privacy - what to do?
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