Deliberate wrongful diagnosis, breach of confidentiality - what to do to clear my record?

Quollity · ‎13-02-2018

Hi,

I had work related depression and saw a psychologist, wise and supportive but she went on maternity leave and so I changed to a psychologist recommended by a work colleague. Bad mistake. I worked out he had seen my husband (now ex husband) 5 years ago when we split up. I asked about conflict of interest but was assured he was extremely professional. Well, the first session was ok, but then he stopped listening to me and was putting his own odd “spin” events. I had two more sessions and couldn’t bear his negativity to me. I saw my GP and he handed me a copy of the letter this psychologist wrote to him which virtually quoted what my ex-husband had said about me in private and confidential sessions during this acrimonious divorce period and “diagnosed” borderline personality disorder...after a mere 4 sessions. Even my ex is shocked and upset. I have never been diagnosed with any form of personality disorder - just anxiety and depression which have always been recognised by my doctors as reasonable responses to life events. Anyway, because it was work related my work called in a psychiatrist for hire who used this psychologist’s report (despite me explaining in detail the unethical breaches of confidentiality and professional misconduct) to malign my character and blame me for the workplace issues that led to my depression. I requested a correction to my medical record from the psychologist but no response yet. I reported to AHPRA but it’s slow. I saw a psychiatrist who had supported me when I had a severe depression while doing post graduate study, struggling with my mother dying with dementia, and I had severe morning sickness throughout my pregnancy. The report I submitted to the workplace and insurers from this old psychiatrist was very supportive and made it abundantly clear that he treated me for a lengthy period of time and never saw any indication of personality disorder But work is going with the report from their psychiatrist who saw me for 40 minutes. My GP is appalled. My new psychologist is appalled, as is my old psychiatrist. But the workplace have an agenda.

how do I get my record corrected? Should I see a lawyer? This wrongful diagnosis has damaged my credibility at work and I’m being treated badly by HR. I want to just quit but there are few jobs here. What can I do?

thanks

nevergiveup245 · ‎13-02-2018

I am sorry this awful thing happened to you. The psych you saw definitely shouldn’t have released information about what your ex husband said about you to your GP. That’s breaching of confidentiality. It seems like you did the right thing by reporting the psychologist. Ahpra can be slow in getting back to you, i am just wondering whether you could seek free legal aid while waiting on ahpra so you know what else to do? Are you still working at your current workplace? Im sure they cant just fire you or do anything without reason...

Quollity · ‎13-02-2018

Hi. I rang legal aid- they told me it was outside their area and said to try a private lawyer. Lots of$$’s. Today my gp said it’s almost impossible to clear your record ofthis kind of diagnosis, no matter how wrong the specialist is. I’ve been forced back to work in the same area that caused the issues in the first place but at least now I have a very senior manager who believes in me and supports me. I am anxious and teary at work but afraid of being sacked- I’m a single mum. And I no longer have much trust in anyone except my gp . So sad given I always had respect and positive support prior to this. And I’m very very qualified. I have a PhD.

What else should i do? Wait and see what AHPRA say?

Thanks

nevergiveup245 · ‎14-02-2018

I know that your workplace knows the wrong diagnosis, and that sucks. But these mental health things are meant to confidential, is there a possibility of switching jobs and maybe the bpd diagnosis wont follow you? If it doesnt go off your record, you dont have obligation to say anything in the future as well... I would also say wait for ahpra’s reply.. it’s really difficult situation you have there. Does the psych work for a clinic, you can also report to the clinic director if possible, file a complaint.

romantic_thi3f · ‎15-02-2018

Hi Quollity,

Thanks for your post and I'm so sorry and frustrated that this has happened to you.

I'm so glad that you reported this to AHPRA because it is not okay - it might be worth giving them a ring to check on the status of your report to see if you can 'speed things along' a bit.

Can you tell us how the report is affecting your current work? How are you being treated badly by HR? Regardless of what the report contains, your work still has to abide by national laws/legislations and fair work. If you'd like to know more about your rights at work you can try here - https://www.fairwork.gov.au/contact-us/call-us

and finally, as for a lawyer - yes, expensive. But some lawyers do work pro-bono, or alternatively you can find one that takes a cut from your pay - so that they would only get paid if you get paid. You could check this out here - http://www.probonocentre.org.au/legal-help/pro-bono-referral-schemes-and-organisations/

I hope that some of this is helpful. I'm so frustrated that your psychologist broke your rights of privacy and hope that this will get easier soon.

Quollity · ‎16-02-2018

The workplace HR keep insisting it is a personality disorder, which from what I have read legally undermines any case I may put forward in the future for work related/ work exacerbated depression. For example, Say I was sexually harassed at work by someone, my credibility is so undermined by this wrongful diagnosis that the perpetrator could put the blame on me and legally be supported as my behaviour would be the first to be questioned. I’ve been reading cases similar to this in US law and here in Australia . And that is exactly why the psychiatrist-for-hire used this diagnosis - to ensure all the blame was on media to my “pathological” personality. I’m just hoping that AHPRA can discipline the psychologist and psychiatrist and ensure my record is cleared of this. This has been so distressing for me.

Quollity · ‎16-02-2018

I believe new workplaces have the power to ask if you have had a work place insurance claim in the past. I have certainly been asked when I applied for a job before. You don’t have to tell them but if something then happens they can look into it. That is when I will be most damaged by this, even above how I have been recently treated by HR. And there are so few other jobs where I live.

xenchik · ‎20-02-2018

Hi there,

As someone who does have BPD, I chose to inform my employer about it, so that if I ever needed it I could be understood and helped. BPD sounds like a terrible diagnosis, but if correctly managed, shouldn't affect day to day work environment. I know you don't have this illness yourself, and don't want to even appear to be admitting to it as that woyld undermine your efforts to clear your record, but be aware that there are legal protections in place. No mental health diagnosis can ever make any sort of harassment or workplace issues "reasonable". Of course, if any of us are ever involved in any court cases, the opposition will try to slander us - but that would be true even if you were completely healthy and had a clean record.

All I am saying is, that while this lie does follow you, please try not to worry unnecessarily - there are those of us for whom this diagnosis is true, and it has not necessarily affected us negatively. Until you clear your name, just be who you are, and your behaviour will prove to your employer that you are reliable and trustworthy. They need to be told to watch your current behaviour and actions, and watch you on a daily basis, as this will give them a much better view of who you are as an employee than some psychiatric report by someone who doesn't know you and doesn't care to know you. Your employer knows you, and they need to be reminded of this, explicitly.

I hope this works out for you. I honestly do. You are in a situation that feels like a nightmare, but remember that even if this doesn't go away (and I genuinely hope it does), you are still you, without this diagnosis, and you can continue working hard and proving yourself to be the same hardworking, trustworthy employee they hired.

Good luck 🙂