A Psychologist had a lawyer write to her on one of her files. This lawyer obtained one of her files on a previous patient. Her previous employer released the file and she did not have the opportunity to review the file. This file contained raw data and may have had notes written by her which may be misconstrued, she is not sure what is in the file since she didn’t review if prior to being released.

When she called the Lawyer’s office on this, the receptionist told her that she could not help her. The psychologist is concerned about the raw data and notes as well as the fact she didn’t review the file.

To address your concerns;nWhen the practice is the custodian of client files, they would have obligations under PHIA legislation (and any other legal obligations associated with the role of custodian) in order to respond to requests for file information, in the manner they deem appropriate in relation to their PHIA obligations. In some settings, a previous employer might provide a courtesy call to let one know that they have released the file, however, if one is no longer an employer, the prior employer is not required to do this.

nNSRP cannot provide specific recommendations as it would note that you are no longer an employee at the practice. However, NSRP recommends obtaining legal consultation – especially if you feel it would be helpful in responding to the lawyer who has written to you. You could always start with the pro bono legal hotline that is part of your insurance.

For more information on release of file materials, please consult the “September 2014 – Position on Release of File Materials (including raw data and test materials)”

https://www.ns-rp.ca/wp-content/uploads/2014/09/Raw-Data-General-Disclosure.pdf