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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42631
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We are of the opinion that a person photographed a hospital

Customer Question

Hi My name is***** are of the opinion that a person photographed a hospital letter on a hospital computer screen and sent it to another person, thus breaching privacy.The person in receipt of the document has used this document against his mother in an application to a tribunal. The matter was dismissed but has cost a fortune in fees to a lawyer. How can one get access to another person's telephone record and what is the approximate cost. We know the phone provider
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, after we applied for costs, a photograph of a mobile phone was produced to the court and alleges that the photograph was taken by the defendant. However, the particular document has never been in the hands of any person other than the hospital concerned. The hospital did a privacy investigation and sent the matter to the Privacy Commissioner and ICAC. ICAC says it is not important enough to investigate. Initially the "document " was presented to the tribunal last year by the defendant with incorrect letterhead of the hospital concerned and details missing as well as no date on the partial document presented to the court as "support" for his case. I called the hospital and set in motion an investigation. Using Facebook and the EMR records, I discovered a link between a staff member and a family member . The document was never given to a local GP or anywhere that the defendant claims and therefore could not have been photographed by him in front of the plaintiff as the plaintiff did not possess the record in the first place. After investigating with Apple, I discovered how the photograph of the mobile phone with a partial paragraph form the document may have been gotten on the phone making it appear as if the photograph was taken by the owner of the camera. It could have been a saved document from someone elses phone, brought up on a screen and a screenshot taken.
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You can only get access if you are in a court matter and issue a subpoena.

Was this person a hospital staff member?

Customer: replied 10 months ago.
Hi Leon
yes she was a staff member and now lives in Canada. I hope non e of this is going to be published on your pages. May I have assurance of that first please.
Expert:  Leon replied 10 months ago.

I will have this closed when we are done.

Being in Canada there is nothing that can be done now. They have breached their duty and the hospital could have taken disciplinary action against them.

No Australian Court or Tribunal can do anything now to them.

If you believe the hospital has breached its duty, you have to show that and you can report them.
But if the hospital was not aware then you will have difficulty doing anything.

When discovered were they reported to the hospital?

Customer: replied 10 months ago.
One of the puzzling things we discovered was that the hospital , once notified of the breach, says it cannot contact the ex employee nor can they demand a phone record from the recipient to prove that it was illegally obtained. I cannot believe that there is no onus on a hospital to find out exactly what happened in a situation where a photo was taken of a computer screen and it was sent to a third party illegally. Is there a way the hospital has the legal right to obtain the phone records of its staff members who took the phot. I have checked the reord and it can only have been photographed by one of 4 people as it was taken only hours after the document was written .
Expert:  Leon replied 10 months ago.

Good Morning,

The hospital cannot ask for their private phone. They have to notify the employee and have them come in and advise that there is an investigation.

The person whose phone it was sent to also has evidence of who sent it.

Customer: replied 10 months ago.
I am a doctor who uses the hospital for my patients. When I looked at the presented "document" it did not look correct in its appearance so i immediately contacted the hospital. When I discovered this, yes I immediately reported it to the hospital. I contacted medical records. I am aware that the person who has used the record is on Telstra. How easy/difficult is it to get a subpoena for the Telstra phone record and how much would that cost. My mother has borne the brunt of the action taken by that person using the illegally obtained document and Dad has paid a lawyer over $40000 to have the matter dismissed. I am trying to save them more wasted money by asking you these questions as dad is 92 years old and absolutely livid that the person presenting the document has done what he has and apparently can get away with it. We all have an ADVO against the person and he is using the law vexatiously to attack us all.
Customer: replied 10 months ago.
Can the hospital contact the employee in Canada to notify them. I have the address
Customer: replied 10 months ago.
Actually I have the hospital all her contact information and they said she did not respond (no surprise) We have her linkd- in address and details as well as where she works
Expert:  Leon replied 10 months ago.

They can but they cannot force them to come back

The employee is out of the jurisdiction now.

Was the document objected to at the tribunal? There are many issues here.

But the employee being out of the country does not have to comply with any request.

I hope this makes sense and is of assistance.

Customer: replied 10 months ago.
We have told the Tribunal and after the costs application, a further response by the defendant was sent in including a photograph of his mobile phone with the part document on it.
What can I do about the hospital? To whom do I report them?
Expert:  Leon replied 10 months ago.

What state are you in?

Customer: replied 10 months ago.
NSW
Expert:  Leon replied 10 months ago.

Good Morning

Contact the Department of Health and Lodge a report about the hospital as this goes to practices and breaches of privacy.

I assume it is a public hospital?

Customer: replied 10 months ago.
Ptretty angry that someone can be such a jerk as to illegally obtain a record for a friend and send it to that person and then get away scott free. Disgusted . Yes it is a public hospital
Customer: replied 10 months ago.
Thanks for the info . I will certainly be lodging a complaint. Can we sue them for the costs of our lawyer for having to spend a fortune?
Customer: replied 10 months ago.
The damages to my parents have been enormous caused by this action of the hospital employee passing on info to which she and the other person was not privy too!
Expert:  Leon replied 10 months ago.

I know and understand your frustration

All the best

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 10 months ago.
Hi Leon
Can we sue the hospital for damages ?
Expert:  Leon replied 10 months ago.

You have to show that their actions have caused some form of financial loss.

It is going to be difficult.

Customer: replied 10 months ago.
My parents have forked out $42000 approximately regarding the defence at the Tribunal which based it's evidence on the partial document. NCAT Guardianship tribunal requires 2 full reports and there was this report which was only partial and misrepresented the hospital's letterhead as well as reporting that the author was someone who it was not! It was undated as well. We asked why the tribunal went ahead on a document that was so incorrect and only partial without a date!
Yes we have had financial damages! It has also damaged my parents significantly form a psychological point of view..
Thanks for your assistance.
Regards
Sue
Expert:  Leon replied 10 months ago.

Those costs can only be recovered if they are successful against the other party.

They cannot argue the hospitals actions have caused those costs.

This evidence is only a part of the action.

All the best