No Peeking
27 Jun 2017
![no peeking](/-/media/images/student-enews/winter-2017/sen_article_no_peeking_680x400px.png?h=400&w=680&la=en&hash=DBC0FBA8C4C55E553653F8C961CFEAE3)
I recently took my father to the local Emergency Department (ED), where I currently work, after he suffered what appeared to be a stroke. He was referred for an urgent CT scan. As the ED was very busy and we were increasingly anxious, I decided to check the results on the ED computer. While logging in, one of the doctors asked what I was doing as I wasn't rostered on duty. I've now been asked to attend a meeting with the ED Director. I don't think I’ve done anything wrong. I haven't breached confidentiality or privacy as my father wanted me to check his CT scan results.
While your actions in the circumstances are completely understandable, it’s not appropriate to access patients’ medical records unless you are involved in their medical care.
You were acting in the role of a concerned son. You weren’t a treating doctor and you weren’t rostered to work at the time. I understand you had no intention of being involved in your father’s medical care (and under the Code of Conduct for Doctors in Australia, you should avoid providing medical care to anyone with whom you have a close personal relationship).
It’s worth considering what you would have done if you had found, for example, that the CT scan revealed multiple cerebral metastases. Would you have informed your father and family of the results?
A better approach would have been to inform the ED staff of the anxiety and ask if they could review the results and discuss them with your father.
Pry at your own peril
It's important to be aware that regular audits are conducted on access to electronic medical records.
A doctor’s registration was suspended for six months for accessing his wife’s electronic medical records without reasonable justification, and seeking information from her Oncologist without her authority. He was also found to have knowingly made and failed to correct false submissions to the Australian Health Practitioner Regulation Agency.
This follows the news that 21 SA Health staff had been caught inappropriately looking at patients’ medical records. To date, five of them have had their employment terminated.
We have assisted a number of doctors in training who have been under investigation for looking at the medical records of their partners, other family members or “celebrity” patients.
Significant penalties can apply if you are found to have accessed medical records without clinical justification.
Dr X attended the meeting with the ED Director and listened carefully to the concerns. He acknowledged that, on reflection, he should not have reviewed his father’s CT scan results. He reassured the Director that he understood the reasons why it was not appropriate, and that he would not inappropriately access patients’ records in the future. Satisfied with the discussion, the Director reassured Dr X that the matter was now at an end. Dr X's father made a good recovery from his stroke.
MDA Nationals' Medico-legal Advisory Service operates on weekdays from 8:30am to 8:00pm (AEST), with access to emergency advice 24 hours a day. For advice or further information, email advice@mdanational.com.au or call 1800 011 255.
![](-/media/images/0-content---podcast-and-video-images/mdan_doctors-lets-talk_dr-david-lam_750x421px.jpg)
Doctors Let's Talk: Get Yourself A Fricking GP
Get yourself a fricking GP stat! is a conversation with Dr Lam, 2019 RACGP National General Practitioner of the Year, rural GP and GP Anesthetics trainee, that explores the importance of finding your own GP as a Junior Doctor.
25 Oct 2022
Systematic efforts to reduce harms due to prescribed opioids – webinar recording
Efforts are underway across the healthcare system to reduce harms caused by pharmaceutical opioids. This 43-min recording of a live webinar, delivered 11 March 2021, is an opportunity for prescribers to check, and potentially improve, their contribution to these endeavours. Hear from an expert panel about recent opioid reforms by the Therapeutic Goods Administration and changes to the Pharmaceutical Benefits Scheme.
14 May 2021
Diplomacy in a hierarchy: tips for approaching a difficult conversation
Have you found yourself wondering how to broach a tough topic of conversation? It can be challenging to effectively navigate a disagreement with a co-worker, especially if they're 'above' you; however, it's vital for positive team dynamics and safe patient care. In this recording of a live webinar you'll have the opportunity to learn from colleagues' experiences around difficult discussions and hear from a diverse panel moderated by Dr Kiely Kim (medico-legal adviser and general practitioner). Recorded live on 2 September 2020.
05 Oct 2020