Confidentiality & Privacy Laws two states involved Health related

PaperplaneXXX on 13/06/2020 - 22:36

HI all,

May I ask if someone has had any experience or aware of Confidentiality laws in QLD.
I think I may need some sort of clarification closer to a legal side of it, or from a legal point of view.

Story short:

Blood sample collected in QLD at one of the Lab (Pathology).
Then sample referred to another state as there is no test available in QLD.
Blood analysed in that state and result reported back to GP.

Patient got a result. Result interpretation and test itself is questionable according to medical articles recent research in Australia.
Formal Complaint made directly to the Lab in another state with certain questions asked and requirements.

No written response given from Lab in another state, instead after 4 weeks of silence QLD lab phones the doctor in QLD discussing the nature of complaint (patient made to NSW lab) and asking not to proceed with a complaint, some controversial response, confusion, frustration.

A bit strange I thought as test results of course are fed to QLD lab from another state but what about a formal complaint and sensitive matters in the body of the complaint to another state lab?
Can this another state lab legally write an E mail or any other communication to QLD lab and ask to call a doctor and discuss matters without the patient consent? Does privacy laws apply in that case or labs can do whatever they want with complaints?

Any thoughts welcome

XX

Health & Beauty

Comments

  • inherentchoice on 13/06/2020 - 23:09
    +1

    Link for you… https://www.oaic.gov.au/privacy/guidance-and-advice/guide-to…

    From what you're saying it sounds like the labs were discussing the results and the complaint for a genuine purpose in relation to the patient care, which would not be a breach of privacy in my opinion.

    PS the same privacy laws apply in QLD and NSW for private sector health service providers. State privacy laws apply to the respective State health departments, but are broadly similar around Australia.

    • PaperplaneXXX on 13/06/2020 - 23:15

      wow great link! thanks a lot

    • PaperplaneXXX on 13/06/2020 - 23:28

      what i also found is my topic is Secondary related purpose.

      It may fall into:
      Activities or processes necessary for the functioning of the health sector may also be directly related purposes (see examples below). Provided these purposes are within a patient’s reasonable expectations, you do not need to take other steps before use or disclosure.

      but with the notion o: are within a patient’s reasonable expectations

  • pjetson on 14/06/2020 - 09:22
    +1

    I'm afraid that I can't see what your issue is.

    As I understand from your post, your sample (or whatever) was taken in QLD, but sent to NSW for processing. I might be over-simplfying, but it seems to me that you are the "customer" of the QLD lab, and the NSW lab is a "sub-contractor" (or something similar) to the lab in QLD and does not have a relationship to you. Maybe the NSW lab is even part of the same company, you didn't say.

    It appears that a complaint was lodged with the NSW lab, and they referred the complaint back to the QLD lab, who you are the customer of. Doesn't seem unreasonable to me.

    What I don't get is who lodged the claim. Was it you, or your doctor? If it was your doctor, then what is your issue? If it was you who lodged the complaint, then it seems pointless for the QLD lab to ask your doctor to withdraw the complaint.

    And I don't understand why they would be asking for the complaint to be withdrawn unless they did something wrong. If they did everything right, the outcome of the complaint process will show that. The lab will have a formal process for handling complaints, and there will be a "higher authority" to take your complaint to if you are not happy with the outcome.

    • PaperplaneXXX on 14/06/2020 - 14:39

      Hi thanks a lot.

      you are almost right with the way you understood it.

      The only thing is:
      I submitted inquiries and a complaint to another lab. There has been no communication to me directly.
      my GP didn't submit anything but was very emotional when I came to see him discuss this matter.

      I am not sure what's wrong there. Have no idea.
      The lab in other state could have just replied with a written response and that's all.
      I even didn't get any response.

      I think NATA accreditation lab shall have a process of handling a complaint.

      still no idea what's behind all of that.

      • pjetson on 14/06/2020 - 17:50
        +1

        I am clearly not in possession of all the facts here, and I am not a lawyer or medically trained. My opinion is my own, and is based solely on what you've posted. In my humble opinion, if you think that the lab has done something wrong, then it is your right to lodge a complaint.

        Patient got a result. Result interpretation and test itself is questionable

        Labs don't normally provide interpretation or consider the validity of tests they are asked to perform, they just do the tests and provide the results. Any interpretation of tests and test results are for your doctor.

        What has the lab done wrong? Are you upset that the two labs talked to each other, or that one of them talked to your doctor? Those things don't seem unreasonable to me - the doctor is effectively the QLD lab's customer, and the NSW lab is effectively the QLD lab's sub-contractor. You are the customer of neither lab, so why would they talk to you? In fact, talking directly to you may be inadvisable because you have lodged a complaint about them.

        And the lab can't have asked your doctor to drop the complaint, because you made the complaint, not your doctor.

  • Jules855 on 15/06/2020 - 08:06
    +1

    So you had a test done, then you visited Dr Google and became an armchair expert to the point that you made a formal complaint over the results? The lab asked your Dr (who ordered the test) to try and talk some sense into you, and you now want to make another complaint about a possible breach of privacy that doesn't sound like a breach of privacy at all?

    It sounds like the poor medical staff are dealing with an impossible to please customer and that you need to let the professionals do their jobs. Your other post seems to verify this.

    • PaperplaneXXX on 15/06/2020 - 08:52

      highly appreciate your opinion

Login or Join to leave a comment
Login Join