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John Quirke, Esq
John Quirke, Esq,
Category: Republic of Ireland Law
Satisfied Customers: 19
Experience:  Barrister at Law at Self Employed
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I am a 24 year old Kuwaiti male who has been studying medicine

Customer Question

I am a 24 year old Kuwaiti male who has been studying medicine in Dublin, IE.
On my second year, I resorted to using drugs for recreational reasons, namely cocaine, prescription pain killers and stimulants, and morphine as well. I developed a drug induced mild psychotic episode, and gave a college assigned GP clinic a visit. I stated my mild paranoid symptoms and associated fear of developing a full blown psychotic illness, but all was dismissed by the GP who simply said 'take a break from all the studying'. The paranoid symptoms had my room mate and his girlfriend in the context (both whom were colleagues). Drug induced persecutory delusions. I also acted upon the paranoia by cyber bullying the room mate and his girlfriend, but no threats of physical violence what so ever, just silly shaming and smearing. The symptoms did disappear after abstaining from drug use.
I confided in my student welfare officer and told him of what happened, and how guilty I felt after the incident. He issued me an appointment with a college-assigned psychiatrist.
A few months after starting therapy I went into a deep bout of depression and resorted to alcohol abuse and was involved in an incident of cyber bullying this time with some form of hostility (not sure if it is hostile but I don't know if going on Facebook and posting a status of 'f**k all you people in my class, you're not worth shit'). This was spawned by the fact that friends started ignoring and avoiding me. Thinking of it now, you can't blame them one bit.
I addressed the issue with my student welfare officer and this time she demanded I go admit myself voluntarily to a psychiatric hospital to deal with my anger issues and maybe also ensure I'm safe actually safe to be in a lecture theatre/doing rounds/or even safe to be released freely into society. I abided.
I was there for 3 weeks, and my attending psychiatrist, whom I was an in-patient for, diagnosed me with hypochondriasis, anxiety, and depression. I disclosed everything there is about me. No psychotic diagnosis or anything of that sort.
3 weeks later my mother heard of my situation and rushed all the way to Ireland demanding me and my doctor for discharge. The doctor didn't mind and said that a break of a year or so from college would be beneficial for me. On the discharge form, there was a diagnosis of hypochondriasis (fear of developing a psychotic illness, spawned from post-traumatic stress disorder from the single psychotic episode I experienced), depression, and GAD (generalized anxiety disorder). On the violence chart scaled from 0 to 3, I was marked as 0.
I was issued a leave of absence for 1 year and a cyber bullying warning which forced me to not use social networking websites for 2 years. I was banned from doing so.
Started college again, passed the 2nd and 3rd year. At the start of the 4th year, I spiraled deep into depression (which I was at the time being treated for, adjustment disorder is what they call it, due to all what happened to me). Resorted to drug abuse again (horrible record, don't belong to a medical school, I know). This time, I wrote over my psychiatrist's prescription script a stimulant, and was caught red-handed. The pharmacist was nice and understanding and all he demanded was to talk to my GP. My college assigned GP informed the college of that incident, and I was called for a testimonial of some sort in a couple of weeks and a urine drug screen.
During those 3 weeks I was suspended from attending classes and was forced to sit in my apartment and wait. During the 3 weeks, I had a visit from all my family members, and an intervention followed. During that, I was informed that my father was diagnosed with lung cancer of poor prognosis. After knowing about my father's illness, I abstained from all drug use, till this day.
Withdrew my college papers before investigation was done.
My father passed shortly and my brother was the one who's been struck the hardest, and blamed me for his death, claiming I brought nothing but misery, not entirely wrong anyways. He also started vandalizing my car, my room, and even anyone associated with me, including my past room mate, vandalizing his car in Kuwait by throwing a rock with a note saying 'f**k you' at windshield, note also purposely had my name.
1. Can the room mate (still in ireland) file a law suit against me claiming I'm a danger to him, disclosing all my psychiatric files to himself after car vandalism if we suppose he has proof it was me who did it.
2. My college transcript stated 'I was under investigation but withdrew papers'. Yet after both vice deans communicated, I was still accepted. Will my past history still haunt me in anyway?
3. A current colleague has texts from me stating all my past history including past drug induced psychotic episode. What happens IF the texts managed to reach the dean or his staff out of concern of colleague.
I passed a full year at current uni.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Customer: replied 2 years ago.
The university I'm currently attending is in a different country might I add. It's a very very messy situation, I know. But I'm still hoping on getting a detailed reply.
Expert:  John Quirke, Esq replied 2 years ago.
Question 1.
As I understand it, you appear to be in fear that your previous room mate may falsely accuse you of causing criminal damage to his car. This is because you believe that your brother threw a rock through its windscreen(!?) with your name on it.
If your ex room mate suspected you of the offense, it is most likely that he would first make a complaint to the Gard's and they would then seek to question you in respect of the criminal damage to the car. You would probably be asked to make a statement, in which case you could explain the situation or exercise your right to silence (probably the best option). In any event, there would be no question of disclosure of your past medical records.They are confidential and cannot be disclosed without your authority.
Your ex room mate theoretically could sue you for criminal damage to his car, but he would only be entitled to damages for the broken windscreen. In the circumstances, he would not be entitled to discovery of your medical records. They are not discoverable in a civil action in such circumstances. Discovery of medical records usually only arises if you were making a claim for personal injuries and not when you are a defendant in any prospective proceedings. A Civil claim for damage to the car would be highly unlikely in any event, as the wind screen is inexpensive.
A restraining or barring type order is not applicable to your situation and disclosure of medical records is not applicable in any event.
Question 2:-
Every person has a past history; good, bad or indifferent. It is a very difficult question to answer, as to whether your history will come back to "haunt you" as you put it.
As I understand it, you were a fourth year medical student and during the course of that year, you were under investigation by your college for writing over a prescription to procure a stimulant for yourself. Unfortunately, this is quite a serious matter, which is also a criminal offense. I assume that if the investigation was completed and your college found you guilty of the fraud after a fair investigation, they would have the power to expel you if they so wished. I cannot know for sure about this without inspecting the code of conduct. In any event it appears that you left the college before the investigation concluded. I understand that you are now in a different college abroad and presumably you are concerned that your previous college could send this information to your present college?
Unfortunately a full answer to this question would require significant further information. With regard to the investigation by your previous college, "Who made a complaint to them which caused an investigation to be initiated? What authority did they have to receive such a complaint? (the code of conduct) For what purpose was it received? In short, it is most likely that the information gleaned from an investigation would be confidential and could not be disclosed to a third party, however, with out a detailed consultation this question cannot be answered definitively.
Question 3
If your colleague has/ had access to your medical records, he is prohibited from disseminating that information to a third party without your permission and, in this jurisdiction, you would be entitled to take legal action such as an injunction to prevent him doing so. If he is a Medical Partitioner with access to your records and you are concerned that he may disseminate this confidential information from your records to others, you could seek an undertaking from him not to disclose such information explaining to him that if such an undertaking is not forth coming, you intend to pursue the matter in the courts. You would of course have to engage a solicitor to follow through on this. If this is a text with mere hearsay allegations relating to an acquaintances perspective of your history, the matter would not carry much weight and/ or may be defamatory. In such a case it is unlikely that any college or body would act upon it. In the alternative, if the information was not accurate you could threaten to take legal action if it is so disseminated on the grounds that it is defamatory. Without a full consultation it is not possible to answer this question with greater particularity.
I hope this answer is of benefit to you. I would be obliged if you could rate my response. If you wish to take this matter further or require the services of a solicitor and/or a consultation I believe this service can be provided.
Kind Regards
John Quirke B.L.
Customer: replied 2 years ago.
Regarding the first question, my brother has made the effort of meeting the person whom he vandalised the car of and apologised. I think that matter is solved somewhat.Regarding the second question, I have disclosed my psychiatric history with the student wellfare body of my previous college, and they received brief statements of each visit I had with the psychiatrist. I'm just afraid that the college has been obliged to disclose my psych history to my current uni for some reason. I guess I'm wrong? Given that my psych history was 'serious'?Thanks
Customer: replied 2 years ago.
A medical school can't decide who graduates and who doesn't right? I mean if I pass this one last year, and given that I come from a pretty bad history, I can still graduate.As this only applies to when applying to medical boards, after graduating.Thank you.
Expert:  John Quirke, Esq replied 2 years ago.
This is Highly unlikely. All information regarding your personal medical history is confidential and cannot be disseminated without your express permission.
To be absolutely certain I,(or another lawyer) would have to examine the rules and regulations of the college you attended, and would probably need a consultation with you to get a better understanding of the precise nature of your agreement with the student welfare body whereby you agreed to give them this confidential information.
If this is an investigation into allegations of misconduct which investigation was not completed,it is almost certain that the college would would require your consent to give such information to a third party. If the information formed part of a criminal investigation, the Gardai may be able to access your medical records but only if they were absolutely necessary to the investigation and even then, they may require a court order to get such information.
Again without a full consultation and a better understanding of all the facts I cannot give you an absolute answer to this.
The general rule is that no person or body can divulge such information without your knowledge and consent.
If you are still concerned, you or your lawyer could write to your old college seeking the return of all of your medical records and/or further seek an undertaking from them agreeing not to divulge any of your personal records to a third party and in particular any medical records or the information contained therein.
I hope this is of some help to you.
If you require any thing further please do not hesitate to contact me.
Kind Regards
John Quirke
Expert:  John Quirke, Esq replied 2 years ago.
Apologies, it appears that my last answer crossed with your last question.
This is not really a legal question but I believe so. provided you pass your exams and are not expelled for a breach of the rules and comply with the requirements of which ever college you are in, you can graduate.
Every college you attend is in the form of a contract, where you agree in advance with them and they with you what is required. The answer to those types of questions are contained in the agreement you have with your specific college.
I hope this is of assistance. I would be obliged if you could rate my response.
Many thanks *****
Expert:  John Quirke, Esq replied 2 years ago.
Was the Information provided helpful to you?
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Kind Regards
John Quirke B.L.