I’m Kate Dewhirst.

I’m a lawyer who writes about legal issues affecting healthcare in Canada

Kate Dewhirst Health Law - bringing the law to life. Meet Kate (in 13 seconds)

Health Privacy Update: A new correction decision of the IPC

Posted by

The Information and Privacy Commissioner of Ontario just issued Decision 85 – which is a new correction case.

A hospital received a correction request from the daughter of a deceased patient relating to 4 pages including: physician orders, progress notes, medication administration record and Critical Care Response Team Consultation Record. The complainant believed her mother’s death resulted from the aspiration of an improperly administered medication (an iron capsule). The hospital declined the correction. The complainant contacted the IPC. In mediation, the hospital  issued a new record as a late entry note to provide further detail of the initial progress note. The complainant was not satisfied and wanted the new note amended as well.

The IPC upheld the hospital’s decision not to make the requested corrections because the complaint had not established that the records were inaccurate or incomplete. No order was issued.

At issue was a difference between what the complainant observed and the nurse’s documented observations. The complainant’s opposing views of the events of the care did not render the hospital’s records “incomplete or inaccurate”.

The IPC also acknowledged that because the patient had died,
the hospital would not require the records for ongoing care.  

Bottom Line: This decision is consistent with other decisions of the IPC. No change in practice is required.

Next Steps: If you are a health Privacy Officer, and you are looking for a summary of all the IPC’s health privacy decisions, register here for a free download of all of them.

If you are ready to continue on your privacy journey, join me for Privacy Officer training starting April 30 or Advanced Privacy Officer training on June 18th.


If you enjoyed this article please share it:


Previous and next posts from Kate:

Some of Kate’s recent and upcoming events

Team Privacy Training Events

September 17, September 24, October 16, October 24 and November 21

For Primary Care clinics, Children’s Aid and FHTs

Kate trains health professionals from many more primary care organizations how being privacy-respectful can improve therapeutic relationships. more details...

Speaking event

October 23, 2019

Osgoode Professional Development – Mental health Certificate

Kate joins the faculty for this training event. More details...

Primary care webinars: Contracts & Communications

September 5 and October 3, 2019, 12 noon

Part of Kate’s monthly webinar series.

Our September webinar is about understanding contracts you may be asked to sign, and in Octber our title is Managing incapacity in the workplace.

Full details of the 2019 webinar series and registration here.

Privacy Officer training

January 20 & 27 and February 3,10 & 18, 2020

Kate is the program chair for the Osgoode Certificate in Privacy in Healthcare.

This program explores the range of privacy interests that must be protected in the day-to-day treatment of patients, the development of information systems and the creation of institutional policies.More details ...

Advanced Privacy Officer training

December 10, 2019

For experienced Privacy Officers within healthcare organisations.

This one day training course focuses on how to handle difficult privacy situations using real-life (but anonymized) case studies and role-play. Full details and registration here...

Free healthcare privacy webinar - ask me anything!

August 7 and September 4, 2019, 10-11am EST

Free webinars - advance registration needed

Whether you're an experience privacy officer or new in the field, pick Kate’s brain for free for an hour, in this live webinar. No charge, but you’ll need to register in advance.

Kate Dewhirst Health Law

Kate says:

My mission is bringing the law to life. I make legal theory understandable, accessible and fun! I’m available and love to work for all organizations in the healthcare sector across Ontario and beyond.

Subscribe to my mailing list and keep up to date with news:

Latest Tweets

The Biggest Mistake Health Teams Make When Receiving Privacy Concerns. Claim your free privacy officer training vid… https://t.co/RKnmq5OdCU

about 18 hours ago

[Starts JAN 20] Globally, healthcare accounted for more privacy breaches than any other industry in 2018.… https://t.co/coT04cQ3E1

08:01 AM Aug 18th

contact details

901 King Street West Suite 400 East Tower
Toronto Ontario M5V 3H5

(416) 855 9557

.