Re: No help from BA: Seriously injured, in intensive care and can't cancel ticket - a
Any hospital that gave out information on a patient to anyone calling....( including someone claiming to be from an airline.).. ANY information including simple confirmation that they were indeed admitted.. would surely be breaching their confidentiality obligations...:shock:
Edit: harvyk .. I am quite surprised (and worried) by that... That was certainly NOT the case when I was in hospital last week... and I would have been furious if it had been.
Unless you have given the hospital permission for this to occur, I have seen it frequently mentioned as a yes no question on admission paperwork that you may allow admission confirmation to be passed onto anybody/family/next of kin or none.
In Victoria there are certain circumstances where it is permitted by law:
Some cases in which confidential information may be lawfully disclosed are set out in section 141(3) of the HSA 1988:
with the prior consent of the person to whom it relates or, if that person has died, with the consent of the senior available next of kin of that person; or
to a court, in the course of criminal proceedings; or
concerning the condition of a person who is a patient in, or is receiving health services from, a relevant health service, if the information is communicated:
in general terms; or
by a member of the medical staff of a relevant health service to the next of kin or a near relative of the patient in accordance with the recognised customs of medical practice; or
to the Australian Red Cross Society for the purpose of tracing blood, or blood products derived from blood, infected with any disease, or the donor or recipient of any such blood; or
if it is required in connection with the further treatment of a patient, or transferred electronically between hospitals for the treatment of patients; or
the giving of information in accordance with an agreement between the Minister and a body to manage a hospital under section 53(1), or a service provider under section 69B(1); or
the giving of information as described in HPP 2.2(a) of the Health Privacy Principles (HPPs) in the HRA 2001 (for secondary purpose directly related to primary purpose of collecting information), 2.2(f) (for the management of a health service or training of employees), 2.2(h) (to lessen or prevent a serious or imminent threat to the life, health or safety of an individual or to the public welfare), 2.2(k) (to establish, exercise, or defend a legal or equitable claim), 2.2(l) (to use or disclose in prescribed circumstances) or 2.5 (to identify an individual; or contact family members where, due to an accident, the individual is unable to consent) of the HPPs in the HRA 2001; or
the giving of information relating to a notification, claim or potential claim to a person or body providing insurance or indemnity (including discretionary indemnity) for any liability of the relevant health service or a person who is a relevant person in relation to the relevant health service arising from the provision of services by, on behalf of or at the relevant health service; or
to the Australian Statistician; or
for the purposes of medical or social research, if:
the use to which the information will be put and the research methodology have been approved by an ethics committee established under the by-laws of the agency; and
the giving of information does not conflict with any other requirements that may be prescribed in regulations under the Act; and
it is in accordance with HPP 2.2(g) of the HPPs in the HRA 2001; or
to a case-mix auditor or auditor under the Act; or
to a person or class of persons designated in the Government Gazette, employed by a health service or its support functions; or
to a person to whom, in the opinion of the Minister for Health, it is in the public interest that the information be given.
