- Published
The mother of a teenage boy who died in hospital has said she is "deeply concerned and hurt" after learning his medical records may have been accessed inappropriately for years after his death.
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records → publish → death
Paula McGowan, whose 18-year-old autistic son Oliver died in 2016, was told that at least five members of staff at Bristol Foundation NHS Trust may have accessed his records without permission as recently as this year.
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members → die → year
Three nursing staff are under formal investigation, while a doctor who no longer works for the trust has self-referred to the General Medical Council.
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who → work → Council
Another member of staff is having their case reviewed separately.
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case → have → staff
The trust said it was "deeply sorry" for any stress and anxiety caused.
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it → say → stress
It said it had voluntarily referred itself to the Information Commissioner's Office.
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it → say → Office
It is the latest case involving concerns that NHS staff may have accessed patient records without a legitimate professional reason.
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staff → involve → reason
In July the head of NHS England, Sir Jim Mackey, issued a "stark warning" that staff could face the sack or even prison for doing so.
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staff → issue → sack
Recent high-profile examples include the victims of the Nottingham and Southport attacks and a child who was injured in a crocodile enclosure in Cambridgeshire.
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who → include → Cambridgeshire
This month an investigation for the Health Services Journal found that at least 214 NHS staff have lost their jobs and around 2,000 been sanctioned for snooping on sensitive patient data over the past five years.
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2,000 → find → years
Oliver, who had a mild learning disability and epilepsy, died in 2016 at Southmead Hospital in Bristol after being given anti-psychotic medication that his family had repeatedly warned he should not receive.
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he → have → that
After requesting information about his medical records, his mother was told that 38 people had accessed the data since his death, with 637 items viewed and 67 printed off.
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67 → request → death
Most access was appropriate and linked to complaints, legal proceedings, and the coroner's inquest into his death.
But three nursing staff not involved in his care are currently under formal investigation after initial inquiries could find no evidence they had a legitimate reason to view her son's records.
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they → link → records
A fourth member of staff is having their case reviewed separately.
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case → have → staff
McGowan said she was told that one nurse wanted to view the files as they had a general interest in anti-psychotic drugs and the care of patients with a learning disability.
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they → say → disability
The trust is also looking into 13 another cases involving former staff, including doctors, nurses and clerical workers, to establish if that access was appropriate or not.
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access → look → doctors
One doctor, who no longer works at the trust, has already referred themselves to the medical regulator, the GMC, after being approached by the hospital.
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who → work → hospital
McGowan told the BBC she was "deeply hurt, deeply disappointed" after being told about the investigation, which is ongoing.
"
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which → tell → investigation
I've always been open and honest but there are deeply personal things in Oliver's [medical] notes that I don't tell anybody," she said.
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she → be → anybody
"He died in pain and it's not pleasant if that side of Oliver's death has been accessed."
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side → die → death
Her husband, Tom McGowan, said that the risk of unauthorised access to medical records had increased as more information is stored on digital, cloud-based platforms.
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information → say → platforms
"It's a weakness in the system and action needs to be taken now to tighten up controls," he said.
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he → need → controls
Bristol NHS Foundation Trust said it was undertaking a "thorough investigation" and it would be "inappropriate to reach conclusions before those enquiries are complete".
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enquiries → say → conclusions
"Every patient and family has the right to expect that their personal information will be treated with care, respect and confidentiality," said Prof Steve Hams, the trust's chief nursing and improvement officer.
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Hams → have → care
"Any concern that records may have been accessed without a legitimate reason is something we take extremely seriously."
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we → access → reason
The trust said that, should any staff misconduct be identified, "appropriate action will be taken through the relevant processes".
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action → say → processes
NHS medical records can contain highly sensitive personal information, ranging from test results and hospital discharge summaries to details of prescriptions and medications.
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records → contain → prescriptions
That extends well beyond the information available to patients through the NHS app and may include safeguarding concerns, risk assessments, correspondence between healthcare professionals and detailed consultation notes.
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That → extend → professionals
There is no single NHS-wide electronic record system that every member of staff can access.
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member → be → staff
Instead, organisations including GP practices, hospitals and specialist clinics maintain their own records and determine who can view particular information.
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who → include → information
Doctors, nurses and other healthcare staff often need fast access, particularly in emergencies.
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Doctors → need → emergencies
However, they should only view confidential information when they have a legitimate work-related reason and the right authorisation.
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they → view → reason
IT systems keep an audit trail that should be able to show exactly who accessed a patient's records and when.
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who → keep → records
NHS England said any instance of staff looking at records without a valid reason would be "wholly unacceptable, a disgraceful breach of patients' trust and against the law".
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staff → say → law
"We have been crystal clear that staff could face disciplinary action for any breaches, including the loss of their job and potential criminal prosecution," added a spokesman.
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spokesman → face → job
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