Hi All,
My query pertains SOLELY to the legality of the above under Australian Law. Not whether it's a good idea for Joe Blow to do this - as clearly that will vary on the circumstances etc. As I KNOW they will say they're doing it for the patient's benefit, to ensure results are not misread & not acted upon etc - but this is inconsequential to my question.
My understanding from the limited info I could gather online is that an individual owns their medical tests results e.g pathology, ultra sounds, MRI etc - they are for all intents and purposes YOUR property & have Privacy Act rules applying to them as well.
However, I've found it increasingly common for the Testing Company (e.g Pathology Lab, Radiology providers) to flatly refuse to give these directly or even cc'd to the Patient, who is the subject of them & under my info their legal owner. Instead they state that they will only be given to the referring GP and the results can only be gotten via a consultation with them.
Is this legal or a breach of Australian consumer law?
As alluded, I KNOW in advance people will say, why would you NOT go to your Doctor for them? They will be able to interpret them best. I'd agree this is true SOME of the time - however many results are indicated in clear language on them nowadays e.g pathology results - so if you were going to have your cholesterol levels checked, it's literally stated by the labs on the results in VERY simple layperson language where if any concerns are.
With bulk billing impossible to find - and in the rural area I live you're out of pocket $60-$100 for a GP appointment, it's silly to be FORCED to pay this if the results are fine - but if one is unsure or just feels better, by all means attend then OF YOUR CHOICE.
So, I'd welcome if anyone KNOWS how the law applies in this area as I'd have thought refusing to give a patient their results would be illegal?
Thanks in advance.
I don’t know the law. But as the doctor has ordered them (not you), the test results are actually for the doctor and you’ve agree to pay for them and have them to help the doctor look after you, so I’d say yes it probably is legal for the doctor to put caveats in how you can receive them. Even if you did a freedom of information request the doctor would be able to have a say in how that information was delivered and viewed.