Help, need question answered?

Lee13
Community Member

Hey,

I need a question answered.

Can I request some type of psychological report from my psychologist to give to me, my lawyer or my GP?

I’m Australian and was injured in a workplace accident exactly one year today in Canada whilst on a working visa.

My previous psychologist, told me she would document everything I’m going through in regards to the trauma I sustained. She told me I was exhibiting PTSD.

I didn’t find her very helpful though.. and decided it would be best not to see her anymore.

I emailed her asking for her to contact my lawyers to send them a report like she said she would.

She called me to say that she could not write any reports as there is a “jurisdictional issue” however she knew all this time it happened overseas.

She fed me some rubbish that she would contact her lawyers and find out if she could but she was pretty sure she can’t and would contact me back.

Also told me the psychologist company she worked for did not want to be associated with this?

Surprise surprise, she never contacted me back, she won’t open or respond to any of my emails.

I feel she has just made things worse for me. She is jeopardising my claim
too.

My lawyers in Canada are asking for this report. I don’t know what to say to them.

What do I say my psychologist refuses to provide you with the report.

I am doing CPT for PTSD with another psychologist, so I will be asking them if they can send something to my lawyers.

I just really need the first psychologist I was seeing to send this report Tommy layers.

Any information would be helpful?

6 Replies 6

White_Rose
Champion Alumni
Champion Alumni

Hello Lee

Psychologists can be painful at times. The Privacy Act allows you to get copies of your therapist's file notes. I don't know if you can make her write a report, probably not and in any case would you want her to write one. Ask her for a copy of her file notes. She may decide to write a report instead. I expect she will refuse or ignore you. If so I suggest you find a local solicitor to ask for your notes. She will need a damn good reason to refuse. These reasons are set out in the Privacy Act so look it up.

She may realise you will send it to Canada but that is not her concern what you do with it. You are entitled to her notes and these may be sufficient for your needs. It is nonsense to talk about jurisdictional issues. The fact is she treated you in her capacity as psychologist and you are entitled to her notes. She has no right to refuse or to determine what you do with these notes.

I asked a psychologist for a copy of a report she wrote to my GP. The psych refused saying it was not her policy but I could read the report. I pointed out I was entitled to a copy and with great reluctance she complied. I don't know why they are so cagey about these things. I think it is still a hangover from when patients were told little or nothing.

Mary

romantic_thi3f
Champion Alumni
Champion Alumni

Hi Lee13,

I think Mary has answered most of your questions but I thought I'd just add to it -

Sometimes, psychologists can write reports for certain situations (such as Centrelink, insurance or compensation claims). I've had one done personally. It is up to the psychologist to decide whether or not to write one and they have no legal obligation to.

As for the notes though, you do have legal rights in obtaining them.

One option you could look into is to see another psychologist, and have them collect the notes/files from the previous psychologist. They could potentially write the report based on your notes. They also don't need the notes to write a report, and can write one based on your information only. I saw a clinical psychologist and they offered to write a report after only one session (without any notes beforehand). They generally will charge a fee though.

I hope this helps a little. I wish you the best in getting this information.

rt

I have worked in personal injury insurance for 5 years and I now work for a medico-legal provider.

You can't make anyone write a report, it is good practice for treating Dr's to support their patients, but some refuse to write reports. You are entitled to a copy of your file, so you can request this.

Your lawyer would be best to organise an independent medical examination (known as an IME) with a psychiatrist, you would then have a consultation with the psyciatrist, who would read your existing file and prepare a medico-legal report.

This is very common, it is used all the time for workcover, motor vehicle accidents, income protection insurance etc etc

You said you have a lawyer, it might be worth having a chat to them.

Sad_Mushroom
Blue Voices Member
Blue Voices Member

Just been through this.

Your Lawyers have to request the information.

Not sure where you are but your lawyers have to request the information (usually via subpoena)

Kellie

Lee13
Community Member

Hey everyone thank you for your replies and information. Truly appreciated!!

So after a lot of back and forth, I have finally received file notes from previous psychologist.

Handwriting is illegible, I have trouble reading it.

I thought they would be typed. My previous psychologist knows that I have vision problems caused from the accident.

So can I request for her to have them typed up?
If she says no, which I’m expecting, what should I say to her?

She also said she sent a letter to my GP. I requested this note in the file, but she said it would be inappropriate for her to give me this note before my GP has seen it.

She said it’s about a treatment strategy.

Treatment strategy would have been nice if she started this 5 months ago.

Any information would be greatly appreciated.

Thanks!

Hey,

Accident happened in Quebec.
I am back in Australia, was flown back after a few weeks in hospital.

I had an Australian lawyer, didn’t request anything, took my money and ran like my first Quebec lawyer.

My new Quebec lawyer is good, but I get the feeling because I was a Aussie living in Canada on a working Visa they are not fully invested in my case. They have not contacted my previous psychologist.

So I’m trying to collect all the information I can from Doctors, Psychologist to forward to them and there nightmare Quebec work cover authority.