Member Services
- Text Decrease
- Text Increase
- Print Page
Supreme Court order to release records
The Supreme Court decision this week forcing the Royal Women’s Hospital to release a patient’s records has major implications for the medical profession and the community, AMA Victoria President Dr Mark Yates said.
“We cannot underestimate the seriousness and implications of this decision,” Dr Yates said.
“The ruling severely undermines the integrity of the patient doctor relationship and raises important issues regarding the Medical Practice Act,” Dr Yates said.
“The confidence of patients in the privacy of their personal information is fundamental to medical practice and in the broader context vital to community safety and welfare.
“It would appear that all the work that State and Federal Governments have put in to developing Privacy laws and principles is of no value in protecting the patient’s privacy.”
The Royal Women’s Hospital had appealed to the Supreme Court against a ruling of the Magistrate’s Court that gave the Medical Practitioners Board of Victoria the right to access a patient’s records to investigate a complaint from National Party Senator Julian McGauran in 2001 regarding the actions of doctors involved in the April 2000 termination of a 32 week old fetus.
“The finding sets a disturbing precedent where an individual or group of individuals who are not part of the doctor-patient relationship can go trawling through those relationships unbeknown to the patient or the doctor and try and find avenues of disclosure which otherwise would not have been available,” Dr Yates said.
“It is a major concern that a third party can use the Medical Board in this fashion.
“At present the Medical Board must undertake an investigation even if the actions of the doctors have been overseen by a hospital ethics committee and undertaken within the hospital clinical framework.”
Dr Yates called on the State Government to take account of the issues raised in the case in the review of health professions regulation and Coroner’s Act.
Health Services Commissioner Beth Wilson said in media interviews that it was unfortunate the matter had been taken to the Medical Board. She expressed concern that women would be put at risk as a result of the decision.
The Chief Executive of the Law Institute John Cain supported AMA Victoria’s position in media interviews. Mr Cain raised the issue of the decision by the Coroner’s Office to release to Senator McGauran its files on the case including patient records.
“How did that happen? What is happening at the Coroner’s Court that someone totally unrelated to the case can walk in to the Coroner’s and ask for a file? There needs to be an explanation. The patient owns those records,” Mr Cain said.
He said the Law Institute would highlight the issues raised in the Supreme Court ruling in their submission to the government on the review of the Coroner’s Act. He suggested the Law Reform Commission should look at relevant legislation in the light of the case to determine whether the laws relating to medical records and privacy should be changed or clarified.
Victorian Medical Directory
Quick Reference Links
Networks
Preferred Providers
Next
Prev