howe about this ?

[DRAGON]

had a problem with a GP practice. They didnt like the fact I wrote them a lot of letters, some asking for 2nd opinions, others complaining or just communicating some things.
The manager invited me to meet with the practice principal and they suggested my letter writing was a personality/psychological problem. I was threatened with all sorts of consequences at the meeting, which was held in a remote part of the building and without my having been invited to bring a friend or advocate. Ostensibly it was to discuss my future as a patient on their list (the letter said that)

I complained specifiying everything they said which was menacing. Told me if they got rid of me wiould have probs registering, could end up with only emergency GP care or 2 weeks at each practice on a rota, "access to healthcare would be bleak", that i was hanging by a thread and out on a limb.

They replied in a generic way, not admitting or denying anything, saying they wanted to be helpful, and the local PCT have said they cannot review the complaint handling especially as I foudn a new GP. However, I have the option of the Healthcare Commission. What I haven't disclosed so far is that I digitally recorded the meeting with that practice principal and manager. I have it all there, every word said exactly as I reported it , my accepting I had a problem, and there threats afterwards, and its clear they were nort offering any help for my "pathological" behaviour.

I am wondering what will happen, if and when I reveal the existence of the recording and whether or not this is complainable to the GMC

 

[quality factor]

beating the system?

re post from Dragon.
I used to be friends with a person up here in N.Wales who experienced similar problems to yourself. She spent about seven years campaining for what she called 'her rights'. She involved the local press, radio and tv and I suppose gave the authorities a 'run for their money'.. as far as I know she is still fighting her cause to this day.
She has involved the PCT, the Ombudsman, the|Healthcare Commission, her local AM..you name it she's done it.
She was a Service user up here but the County Council via her Consultant had her discharged from the services over a minor matter in the end.
Every avenue she has explored has been blocked. She is now left without the support of any of the Mental Health Services, and is completely suffering.
She seems to be on people's 'hit lists', even her GP has a strained relationship with her.
She too has recorded many conversations and intends to use them as evidence if she can get her case to court which is her ultimate aim.
She has 'fought the system' all the way and unfortunately for her the 'system' has won every time!
Hope this brief summary will be of some interest.

 

[DRAGON]

I know what you mean

I do understand what you mean. There is a balance though to be struck between what I consider to be the sensible anonymity and fighting too hard about things that maybe aren't sucha big deal. I don't know anything of yuor friends circumstances, what case they made out on their own behalf. I think if they involved TV and radio they must have had something quite newsworthy = something sensational or highly unusual. It is not so easy to get airtime on TV

First thing is I havent disclosed the recording so far, no one knows about it, I am keeping that for if anything substantial should be denied. I changed GP anyway around the time of all this

I think what you might propose is that even if you are right, and even if you prove it, you will suffer discrimination in services for the future, You could well be right. The Medical Mafia

 

[quality factor]

re: the system

I think that one has got to be very careful not to 'antagonise' these 'little gods'...it doesn't always help your situation. But we must have the freedom to speak our minds and fight for what we believe are the issues surrounding mental health and personal issues.
The person that I spoke about was determined to undermine the consultant in any way possible, in the end it became personal and she got way out of her depth with the establishment. In reality everybody closed ranks on her.
There could be an issue with the Law and making secret recordings, I'm not sure about that so you would have to check it out.You might have been better off insisting on having a witness to your conversations.
Good luck!

 

[DRAGON]

thanks

I will keep my head as best I can and not drop any mega clangers . I know when to give in and do something more enjoyable. I think access to essential services is worth a fight, a scrap over someones attitude might be less worthy

 

[quality factor]

re:system

Hi,
I totally agree with you Dragon, I'm afraid this person lost sight of the real cause in the end! Hope all goes OK for you.

 

[Dollit]

Making recordings of someone's voice without their consent would be regarded as a breach of privacy (putting you firmly on the wrong side of the law) and would not be admissible in evidence in a court of law anyway as recordings can be manipulated. It isn't possible to show the time and date or recordings so they could have been made at any time. This is one minefield that it really is advisable not to enter in to.

 

[quality factor]

Hi Dollit, I thought that it was very dodgy to make recordings but wasn't sure of my facts, thanks for clarifying it.

 

[Dollit]

It's a question I get asked a lot about from people dealing with ASB. Generally we say don't (or take video recordings either) because there are other ways of collating evidence. It's tempting but it's not good.

 

[DRAGON]

Privacy

Interesting topid really. But as for privacy and admissability look to this case as a pointer. The Employment Appeal Tribunal allowed covert evidence of the proceedings of a discipiplinary hearing but excluded the part of the recording relating to the panels private deliberations.
Article 8 of the Human Rights legislation was held not to apply.

Seems to me that in certain situations covert recordings could be admitted in NHS/GMC investigations, which like the Employment Tribunal are not courts either I think it IS a minefield and best avoided except in grave circumstances and I can see the adjudicators in all sorts of procedures feeling reluctant to accept such evidence. But not always. I see greater possibilities with admissability than I do any risk of being sued for recording the conversation with a health professional. What person threatening you would be likely to want the judge to have to hear a recording of them doing it, as part of his assessment.

Can I put it more bluntly, imagine (as an extreme) that a doctor did something by way of sexual assault or advance during an examination and it was recorded, with a tiny secret video. Is anyone on this forum going to seriously claim the recorder would be in trouble and the doctor exonerated on grounds of inadmissability. I don't think so for a moment.

Frankly I do not buy this privacy nonsense when it is used to protect very well paid people to hide from accountability for things they have done or said concerning vulnerable patients.

So this area is a minefield but I would bet there are cases where it has proven invaluable. A companion as a witness is a better bet

 

[DRAGON]

case concerning privacy in a non health context

http://www.sharmasolicitors.com/news_details.php?id=17


forgot to add the case