Medical Professionals Refusing to Give Test Results to Patient - Is This Legal?

Hi All,

My query pertains SOLELY to the legality of the above under Australian Law. Not whether it's a good idea for Joe Blow to do this - as clearly that will vary on the circumstances etc. As I KNOW they will say they're doing it for the patient's benefit, to ensure results are not misread & not acted upon etc - but this is inconsequential to my question.

My understanding from the limited info I could gather online is that an individual owns their medical tests results e.g pathology, ultra sounds, MRI etc - they are for all intents and purposes YOUR property & have Privacy Act rules applying to them as well.

However, I've found it increasingly common for the Testing Company (e.g Pathology Lab, Radiology providers) to flatly refuse to give these directly or even cc'd to the Patient, who is the subject of them & under my info their legal owner. Instead they state that they will only be given to the referring GP and the results can only be gotten via a consultation with them.

Is this legal or a breach of Australian consumer law?

As alluded, I KNOW in advance people will say, why would you NOT go to your Doctor for them? They will be able to interpret them best. I'd agree this is true SOME of the time - however many results are indicated in clear language on them nowadays e.g pathology results - so if you were going to have your cholesterol levels checked, it's literally stated by the labs on the results in VERY simple layperson language where if any concerns are.

With bulk billing impossible to find - and in the rural area I live you're out of pocket $60-$100 for a GP appointment, it's silly to be FORCED to pay this if the results are fine - but if one is unsure or just feels better, by all means attend then OF YOUR CHOICE.

So, I'd welcome if anyone KNOWS how the law applies in this area as I'd have thought refusing to give a patient their results would be illegal?

Thanks in advance.

Comments

  • +3

    I don’t know the law. But as the doctor has ordered them (not you), the test results are actually for the doctor and you’ve agree to pay for them and have them to help the doctor look after you, so I’d say yes it probably is legal for the doctor to put caveats in how you can receive them. Even if you did a freedom of information request the doctor would be able to have a say in how that information was delivered and viewed.

    • +3

      I can see your logic - however even if we went down that path - the sales contract for the medical results is between yourself and the results provider. That is where you made the payment to them. Therefore under sales law I'd expect the results of this to belong to you.

      I know we're being pedantic - but I do think it's a lil shytehouse that in 2023 consumers are forced to have to get even incredibly basic results this way - you paid for them and were the subject of them. Common sense would seemingly apply that IF you asked for them they'd have to give them to you.

      Appreciate the response and measured logic.

      • I do see where you are coming from. I’d like a little more control and access over my medical treatment and results too, but if I did I probably wouldn’t be responsible all of the time with that freedom so the rules are there for a reason. I suspect you could get round this by completely self funding, ie bypassing Medicare, but it would cost you and I don’t think you’ll find pathology places that will take a path request without a dr ordering it. Interestingly medical imaging is a bit different where you can engage completely with the radiology company and pay privately (they most likely have their own in house doctors who sign off on things). Your best bet in the current system is to find a doctor that you trust and are happy with their billing and go to that person consistently (finding this isn’t always easy).

      • ‘I see your logic - however…’

    • +8

      1) When you stated "I don’t know the law." you should have read what you typed and STOPPED TYPING!
      Instead you went on giving incorrect advice then threw in "freedom of information request…" to sound like you know something! Please refrain from giving advice when you know nothing about the topic as this is detrimental to the OP especially when the OP was very clear about the fact he was asking specifically about the law and legality of withholding your medical results! 😵‍💫

      2) I don't have time to re-type a new comment but because I DO know the law regarding YOUR medical records which ensures they CANNOT refuse to give them to you (but they do put up slot of barriers to hinder you getting them under the guise that they're protecting your privacy which is a complete lie!) see below which I've copy n pasted from my post regarding "Why doctors do NOT support My Health record and why YOU should!" and I encourage you to read at:
      https://www.ozbargain.com.au/node/737121

      Pasted from above:
      When getting a blood test ALWAYS get the GP to tick the absolutely MICROSCOPICALLY small tickbox (on the blood test request form) that says "Patient copy" (or just do it yourself as they always purposely "forget") as that way you will ALSO receive a copy of your results rather than allowing the GP to needlessly drain the Medicare fund and line their pockets just to get you back to "read them to you"!

      You'll be pleasantly surprised just how EASY they are to interpret since they have the normal ranges for all tests and often state suggested causes for any out of range results.

      And don't be "worried" into booking an uneeded appointment with your GP when the receptionist calls and says "The doctor would like to discuss your results with you." I've had this call many times and just say "Ring me back if he sees anything of concern."

      Then wait a day or two for your copy to arrive (yes they've hijacked the system to delay YOUR copy so they can make that "worrying" call) then read your copy and ONLY if you see something you don't understand or are concerned about book a followup appointment.
      BTW I've found that's all they do anyway… they read the results AND interpretation off their screen but "pretend" THEY are coming up with the interpretation!

      If there IS something you're concerned about I suggest your time is often better spent Googling it as I've often found that if you do go for a followup up they haven't got a clue!

      Real life example of mine is where my GP kept sending me for multiple blood tests due to results then recommended I see a kidney specialist until I Googled the results and found the high level of creatinine was purely due to me doing workouts the day before my tests!

      Medicare was needlessly drained for MANY uneeded tests and GP visits for what should have been basic medical knowledge… I'm sure this happens alot and all GPs do it knowingly to make easy money!

      • +1

        If there IS something you're concerned about I suggest your time is often better spent Googling it as I've often found that if you do go for a followup up they haven't got a clue!

        Seriously surprised at how many + votes this has, but hey whatever works for you. Your GP orders the tests, it’s up to you if you trust your GP or not. But the GP has the right to see you to explain the results. You can do a FOI request, but even then there will be a fee and the GP has the right to explain the results.

        • -1

          Seriously mate why would you NOT Google your results… do you think a GP rushing patients through to maximise their hourly rate takes a huge interest in a stranger's test results that they read them and research them before you enter the room! … if you think yes then you're beyond my help as you clearly believe in the Tooth fairy as well.

          However to help the rest of the people out there who do NOT believe in Tooth fairies the REALITY is they don't even read them till you sit down which means they have not much more understanding of them than the often easily understood explanations that are written beside each metric. If you believe that a GP is some super brain that can store and recall more information than Google then you are delusional!

          Unlike you I'm speaking from EXPERIENCE with MANY GPs and KNOWLEDGE after researching the legislation dealing with the ownership and rights to your medical records so I can advise people without doubt that the legislation ABSOLUTELY guarantees your rights to obtain your medical results wether or not the GP, Pathologist, Radiologist [insert any other medical practitioners here] wants you to get them however as I said above they are well versed in both intimidating you out of this right plus put many barriers in your way to get you to come back so they can needlessly drain the Medicare fund at the detriment of truly sick people who suffer due to lack of funds… this is disgusting behaviour that is ingrained in the medical profession and normalised so that the public just accept it!

          Then you get people like yourself who perpetuate this abuse of both public trust and money by naively regurgitating this misleading information!
          Never has there been a truer saying than
          "The stupid are so cocksure and the intelligent so full of doubt".
          I'll let you take a guess at which group I think you are in 😉

          • @FairDeal: You sound completely off your tree - sorry but there wasn’t a polite way to say this

            often easily understood explanations that are written beside each metric.

            I’m aware of the reference ranges that appear on pathology results. So what happens if a result is outside these, do you write your own prescription? How do you interpret the meaning of those results and apply it to your own health?

            Most doctors also go and see other doctors. Not from a lack of knowledge.

            Why not just see a doctor?

            • -1

              @morse: Re: "Why not just see a doctor?"
              I've explained why in both my posts above however since you're obviously in the "cocksure" demographic I'll try again:
              1) Often there is nothing wrong with your blood test results yet GPs will ALWAYS milk another consultant fee from Medicare AND you just to read them to you.
              2) The results themselves have not just your metric but also normal range metrics for each category AND some basic diagnosis info for any out of range metrics you may have.
              3) Using the info above in (2) even someone like yourself in the lower intelligence group would be better off spending a little time Googling your results and symptoms THEN going back to a GP and discussing the self diagnosis you have come up with.

              SUMMARY:
              ALWAYS get a copy of ANY test results (blood, ultrasound, radiology) then take responsibility for your own health by easily tapping in the the huge body of medical knowledge available to you just by using Google BEFORE allowing GPs to drain both the Medicare fund and your pockets JUST TO READ YOUR RESULTS TO YOU!

              By doing this you will be MUCH further down the track for a better health outcome for less money and time invested.

              Even for a "cocksure" person like yourself I believe I've now clearly spelt out the many advantages and fraudulent, greedy Medicare fund draining yet normalised practices of GPs yet being in the demographic group you have clearly demonstrated you are in I'm sure you'll reply with another ignorant comment however I won't be wasting any further time on you but hopefully others with more intelligence who read this will benefit from my efforts by getting better health outcomes.

          • +2

            @FairDeal: You have a very strange view of doctors which is somewhat disturbing.

            While I will admit there are some doctors milking Medicare for all it's worth, I am inclined to believe that most doctors do not come into that cohort. Happy to be PROVED wrong on that score.

            My doctor must one of a dying breed, he certainly does not behave like your doctor. When I have blood tests, he sends me a text message that says my results are clear, or please make a non-urgent appointment to discuss your results if he has found something not quite right. On many occasions I have looked at my results and next time I see him I will ask what it means. He is happy to explain it to me.

            People can only "intimidate" you if YOU LET THEM. I have an excellent working relationship with my doctor, and we have had a couple of, shall we say, robust discussions over the 20 years I have been seeing him. He specialises in men's health, and I have a healthy respect for his knowledge, and cannot fault any aspect of my care over those 20 years. In terms of referring me to specialists, every doctor he has referred me too has been excellent. He just knows exactly the right person to send me too.

            I should point out that my doctor's clinic charges a $25 out of pocket fee. I don't waste my time with bulk billing doctors. The quality of the doctor is far more important to me than the cost. I've only got one life, and I intend to try and stay healthy to enjoy it. If that invalidates my OzBargain licence, then so be it.

            My advice to you now is to reassess what you need from a doctor, and find a new one that meets YOUR needs. That will at least get your blood pressure down.

            • @johninmelb: @johninmelb & @FairDeal
              It may be neither here nor there but IMHO you BOTH have some valid points

              I think everyone's ideal solution to any problem is to have it solved properly by someone who is an expert in that field. Medicine is certainly one of those. Likewise I think we hope that matters are solved in a logical & expedient manner where we have options to ensure we get the solution in a way that suits us.

              Firstly, I'd say people have this odd mythology about Doctors - and they have this aura about them where you couldn't question or doubt the doctor and their word was gospel. Howwever, they're just people and it's just a job they do. And as with all professions there's some that are very good and some that are very bad. And likewise you get some who want focus on patient satisfaction/experience first while others just want to churn as many appts as possible to maximise their revenue.

              If a person has a great doctor, thats terrific - but in rural areas - such as where I reside you tend to have all the experienced GPs who've 'closed their books' and do no accept new patients. So you're forced to see a rotating cast of GPs who sometimes stay in the area for a few years other times they're gone by the time you're next back.

              Some of these Drs are great - others very much not. But you'll often get a lot more out of the consult if you come atleast partially researched on what you know or believe the issue is. Several times if I hadn't done this I'd have gone away with lesser outcomes.

              I know doing research on health issues isn't for everyone - but in those instances you really either need a great GP or luck. I find a decent GP with a few mins effort by me gives a decent result more often than not.

              Many doctors do have a bit of the 'god complex' about them - that surgeons in particular are infamous for - and don't take well to patients asking for clarification or making suggestions off their own searches on matters - but it's 2023 and good ones will welcome this and engage in a constructive manner to the benefit of the patient.

              Good medicine practice to me would see the patient's interests always put first - with zero exceptions, while this is generally the case I do think too many health practitioners have gotten away from this - I understand why they have (personal income looking at their peers in the non-GP sphere who earn a LOT more) but it doesn't make it any more satisfactory especially when they're still earning several times the average Australian household income themselves.

            • -1

              @johninmelb: 1) "My doctor":
              That statement already tells me you're naive since I very much doubt he thinks about you unless you're paying a consultation fee. You're very much in the same fantasy world as people who love to say "You'll be hearing from MY lawyer" and naively think their lawyer is going to be doing something extra special for them when in fact he's having a lobster lunch with their opposition's lawyer which they'll get billed for because they mentioned their case at lunch and they bill in 6 minute increments. Do you think I made that up? No that is FACT told to me by more than one lawyer while I was working at a large law firm.

              2) "He sends me a text message…"
              Have you ever logged into your Medicare account and checked on "your" Dr to see if he's billed Medicare for this kind hearted gesture…we'll get ready to be shocked as both myself and partner HAVE checked and found they charge Medicare for these seemingly "free" follow up calls/texts. No it's not ONE bad Dr …read next point.

              3) Unlike you we don't have a "MY" Dr so have much more FACTUAL experience with MANY DRs as we use a different Dr for almost every visit over the years making our sample size around 30 different GPs so no it's not a case of running into few bad apples.

              4) People can only "intimidate" you if YOU LET THEM:
              No it's got nothing to do with "intimidation" it's got everything to do Drs/AMA manipulating public opinion to make them believe:
              A) They can't have their own medical results (OPs original question).
              B) They should NOT use the FANTASTIC federal government's Myhealth record system to upload, centralise and make all your health records quickly and easily accessible to ensure much better health outcomes. Instead the AMA scares people into optiing out of this system so Drs can keep you "locked" to them. BTW I'm an IT Professional so if you believe any of the AMA's privacy scaremongering please stop using any online banking or payment systems since Myhealth record is FAR more secure than them!

              5) "I don't waste my time with bulk billing doctors. The quality of the doctor is far more important to me…"
              Great logic… just pay more and you'll ALWAYS to get a better Dr.
              Surely you can see this is NOT the case in real life… The most expensive TV, car, plumber [insert any item or service here] is NOT always the best.
              Additionally there is another parameter that people have to factor in (perhaps it doesn't apply to you) which is they have a limited supply of money so are trying to get the best value Dr, car, TV with the limited money they have.

              6) "Your" Dr is special/nice/dying breed:
              Yes of course they're all nice and friendly (wouldn't most people be earning the amount of money and prestige they get) but don't be blinded by a charming bedside manner… would you think "your" plumber was a great guy if he charged you $100 for 5 min work but didn't fix your toilet leak then texted you and charged you another $100 then dropped in for 5 min to have another look at your toilet and charged you another $100!
              So why do people accept this GROSS overcharging and blatant "embezzlement" of Medicare money for such small incremental returns on their health care!

              My personal opinion on this is that historically Drs USED to be very honourable and we've all been conditioned to trust them with our health and value for money however the modern day REALITY is that this honour no longer exists and they are now milking both patient and public Medicare money without any oversight and scrutiny due to our FALSE belief that they're beyond reproach.

              Take the red pill and scrutinize your healthcare providers<
              Please everyone take the red pill and start scrutinizing healthcare professionals to ensure you get value for money in EXACTLY the same way you do for any other professional service… yes just like your plumber!

              BTW my blood pressure and overall health is excellent because I ensure I get good value for both my and YOUR (via Medicare) money to hopefully ensure that there will be some money left to spend on TRULY sick patients like my father who while dying from cancer suffered painful bed sores due to a broken air bed ultimately due to DRs blatantly draining the Medicare fund by getting patients back JUST TO READ THEM THEIR BLOOD TEST RESULTS! 😵‍💫

              • @FairDeal: I debated whether I should reply to your drivel, but some points need a reply.

                1. I use the term "my doctor" in the sense that he is the doctor I see most regularly. I have seen other doctors in the practice and received the same level of care. Despite the $25 co-payment, this practice is very, very busy. Everyone likes the doctors and the service this clinic provides. Simple as that, nothing more. He does know me, he lives locally and on occasion I have seen him at the shops. He says hello. He knows my name. He knows the name of my partner and asks about him. Not important I know. And yes he runs a business, he is one of the partners that own the practice. I am not naïve and glossing over that fact. As for the irrelevant nonsense about lawyers - everyone knows that, blatant overcharging and rip-offs by lawyers is not a secret. They enjoy the fact that everyone knows and that they can get away with it without censure.

                2. I am not charged for the text message. It is unlikely he sends it anyway, it will be a delegated task to the practice nurse or admin staff. I regularly check my Medicare billing on Mygov. I don't go to the doctor to have the results read to me, I read them myself online, and he knows I read them. As I said in my previous reply, every patient also gets their results on the practice app if they have it installed on their phone. The doctor only calls me in if there is cause for concern and we discuss the matter. If need be I also ask questions.

                Bye the bye, I had Covid last year and my doctor was on leave. One of the other doctors called me for a telehealth appointment, then organised for the local chemist to deliver anti-virals to my home. She then called me each day for 3 days to check that I was ok, and had no bad reaction to the anti-virals. I WAS NOT CHARGED FOR THOSE 3 SHORT FOLLOW UP CALLS - ONLY THE INITIAL TELEHEALTH APPOINTMENT CALL.

                1. I prefer to deal with the one practice as they have all my history and they can tailor my health care needs based on that. YMMV

                2. I couldn't give a sxxt what the AMA, RCGP, and other organisations have to say. I make my own decisions based on my requirements. I have access to my results when and if I want them so I have no problems. However, I am in full agreement with you regarding the problem of getting ALL health care professionals to use the Govt's MY HEALTH system. I want every doctor etc, that I come into contact with having access to my records so that they can treat me accordingly, particularly because I am on a number of medications and I don't want any adverse reactions.

                3. I am not even going to waste my time on this nonsense. I DO NOT and NEVER HAVE equated high cost with high quality. Believing that sort of nonsense is stupidity beyond belief.

                4. Not applicable to me, other than to say that I am just as angry as you by blatant overcharging and rorting of Medicare. Believe me, when I become Prime Minister, you will see immediate changes to stamp that out once and for all. It won't be a pretty sight, but rest assured a lot of people will end up in gaol.

                To sum up:
                1. Yes there are good doctors and a hell of a lot of bad ones. No-one is disputing that.
                2. Like you, I try to ensure I get the best value I can from my healthcare services and scarce Medicare and overall health/hospital funding.

                EDIT: Sorry, paragraph numbering got screwed up when I posted.

                • -2

                  @johninmelb: Just watched the news:
                  1) NSW Gov is going to conduct a 12 month trial whereby all woman who have had (in the last 2 years) a prescription for birth control pills or antibiotics for UTIs (Urinary Tract Infection) can go directly to the pharmacy for repeats WITHOUT seeing a GP.

                  2) The NSW Health minister said "In regional areas it can take WEEKS to see a GP".
                  Your own post and one from Nikko confirm this: "…it's just now both hard and expensive to get appts in the rural area I live in"

                  So given our "poor" GPs are sooo overworked especially in rural areas you'd logically think they would be singing "Hella you ya" from the hilltops since they care sooo much for their patients so they will now have time to see the ones which are TRULY sick rather wasting their"precious" time (not to mention OUR precious Medicare money) writing out repeats for the birth control pill.

                  But wait for it… that's right they're fighting tooth and nail to try to STOP this trial!
                  Here's a motherhood reason as to why they don't think this is a good idea:
                  "We actually have really important conversations about sexually-tranmitted illness, about the need to stay safe"
                  (Quote from Prof. Charlotte Hespe, Royal Australian College of GPs).

                  The fact she gave this rediculous reason shows that GPs think the Australian public are stupid and will believe whatever GPs say.

                  Of course I'm sure they'll start spruicking the oldie but goodie:
                  "Women should see a GP for their repeats to make sure the birth control prescription is not causing them any health problems"

                  Sounds good right?
                  However the FACT is my partner has been forced to see a GP every 3 to 6 months for 40 years and not ONCED has any of the ~20 different GPs EVER done ANY basic health checks to see if her contraceptive prescription was adversely affecting her health before writing a repeat! Not even a basic blood pressure test!
                  Based on my conversation with her she believes this is the norm not an exception.

                  SUMMARY:
                  DRs are complaining they're sooo overworked BUT are fighting to stop women getting their birth control pills and UTI antibiotics unless they pay the "GP bread n butter tax"!

                  This is an absolute FRAUDULENT use of our precious Medicare money that every Australia should be outraged with!

                  Please don't fall for their nonsense scaremongering campaign which they and the AMA will launch to mislead the Australian public in and effort to politically pressure the NSW Gov and sabotage this trial… just like they did with the Myhealth record system resulting in the Government caving in and changing it from an opt out to an opt in system… effectively killing it!

                  • @FairDeal: Whilst you make some good points about access GPs when you say things like

                    The fact she gave this rediculous reason shows that GPs think the Australian public are stupid and will believe whatever GPs say.

                    You lose credibility. Have a look into the Pharmacy Guild, you think GPs are money hungry? What do you think some of the push for transfer of roles is about?

                    2years is too long for the trial you mention. 6 months maybe, but 2 years seems inappropriate to me. Also antibiotics for UTIs, if these are recurrent over two years you’d want to be looking at a range of things no just prescribing the same antibiotic - that is a role of a dr not a pharmacist, that’s simply not within scope of practice for pharmacists.

                    Absolutely the AMA wants to retain the role of GPs, there are good reasons for this. I wouldn’t necessarily trust anyone who who wants to assume the GP’s role. You also need to think about what unintended consequences might be.

                    Midwifery vs obstetrics is a great example of this. Midwives for years have campaigned to have less medical involvement in birthing, pre and postnatal care. So much so that where I live you can’t publicly see an obstetrician unless you have come sort of complication or high risk pregnancy. I actually preferred a medically led birth so I went private. Some of these midwives have some pretty whack ideas which are not evidence based at all. Even in the private system I had midwives pushing for certain things outside of the obstetricians recommendations and had to individually call the obstetrician to get what I needed. One of the midwives told me my baby was breech again and didn’t know how to use an ultrasound machine - in reality she couldn’t tell the difference between my baby’s bum and head, baby was not breech! In the public system I would have had no access to the obstetrician unless something when wrong which is now very late in the piece in a lot of public settings. I’ve had multiple friends experience birth trauma which would very likely have been avoided if their pregnancy and birth was obstetrician led. It’s now got to the point that public obstetrics has eroded so much and midwives can’t handle the complexity so mothers are forced to travel hours for care and sometimes move to the city for weeks to months prior to their birth. This is just one example of when a lobby group pushes for less medical involvement and the consequences. I can give you countless others. Be careful what you wish for.

                    • -1

                      @morse: You have helped reinforced my main point which is that GPs are FRAUDULENTLY draining the Medicare fund by getting people to pay for UNEEDED visits (e.g. to read blood test results or for birth control repeats) to the detriment of TRULY needed medical services which in your example results in Medicare only having enough money to provide midwives instead of Obstetricians.
                      Thanks for the reinforcement of my point even though your logic was flawed 👍.

                      • @FairDeal: Well this is awkward…. Speaking of logic… 😬

    • +7

      which could easily involve cleaning my arse

      Username checks out

      • +1

        Excellent detective work (username checks out) :-)

    • +3

      I would not trust a medical professional to clean my arse properly these days…

      So you use an amateur to do that for you?

      • +1

        NO! Because i avoid going to most medical establishments ;-)

        I see one trusted Doctor. My own personal experience in diverting from that method has seen bumbling incompetence and mistakes, poor treatment and advice run so rampant you would have thought the Doctors all had the surname Fawlty.

        P.S being downvoted by the masses shows just how correct i am .. (oops wrong thread)

        • +2

          NO! Because i avoid going to most medical establishments

          So you get you arse cleaned by a non-medical amateur?

          Do you go to a dog groomer?
          Our dog always comes back with a clean arse.
          They do charge more than my GP though.

          • -3

            @jv: Ooooh, sorry. Well for the arse cleaning i find it cheaper to go to Phuket twice a year than use even the ametuar Australian ones. Its more fun too..Did you know they have the arse cleaners in actual bars over there AND weed is legal? What an age we live in….

            • +1

              @Motek Benzona: I would strongly recommend cleaning your arse more than twice a year. Many people combine it with their daily or twice daily shower + toilet paper (or bidet if they have one) as needed in between.

    • Maybe you should stop going to the ones called Doctorb?

      • -1

        I really thought that as "all round" professionals they would be ok ;-(
        Could it really be all my fault?

    • -2

      Not sure why you got all the negs, what you wrote was consistent with my own observation about the medical profession these days.

      Having said that though, there are some doctors who have continued their education beyond what they learned in medical school, have learned from their experiences and time in practice and are way more competent than the cookie-cutter variety of GP's that seem prevalent these days. So ask around for good local doctors or shop around until you find one, don't be afraid to keep looking until you find one that is competent or at least has the decency to listen to you and work with you. (that observation does not include acute situations like accidents, broken bones, hearty's etc, in those emergency situations you have no choice and generally speaking, unless you get a total hack they are generally pretty good at dealing with that kind of stuff. Your long term health is in your own hands though.)

      Which brings us back to the op, yes you pay for the results, no, the pathology and imaging places generally wont give you the results but I always ask the Dr for a copy when I go back to them and it's never been an issue. I find it helps having the results on hand to refer to at a later date for comparison and also to help you figure stuff out yourself if your doctor is still scratching their head and can't help you with your issue.

      • +1

        Because the masses/collective are/is thick.. thats why

        • +1

          Yep. A journo I subscribe to is doing a short series on his own recent health journey, after getting nowhere with the first two doctors he found a good one who was willing to help but was not allowed to by the politicians, here's part of the story.

          "I established myself with a new PCP who fortunately turned out to be a decent doctor with the rare quality of being willing to actually listen to and learn from his patient. I still sought confirmatory testing of my self-diagnosis, just to establish with more scientific certainty that I was on the right track in terms of determining causes and thus taking appropriate steps for healing. There was a simple urine test that could be done.

          The test was orderable online, but the catch was that one had to be a licensed physician to order it. Due to this restriction, I needed a doctor’s help. After telling my new PCP about the test, he expressed interest in helping me to get it, but he said that my insurance wouldn’t cover it. I already knew that and told him that I would be willing to pay out of pocket. He said he was unsure if he could do that and told me that he would have to consult with his lawyers about that.(ffs) At my next visit with him, he told me that his legal advisor had informed him that he was not allowed to accept payment out of pocket from a patient on Medicaid, which was our insurance at the time because we were forced into it by the so-called Affordable Care Act, a.k.a. Obamacare.

          After telling me what his legal team had said, the doctor held up his hands in despair, expressing sorriness that he wasn’t able to help me. He retired soon after. During my last visit with him, he informed me that I would have to find a new doctor because he would be retiring soon, and he enlightened me as to why.

          The reason he had decided to retire was that he was placed into so many constraints by the regulatory framework and insurance systems, and he was given so many directives from bureaucrats who had absolutely no knowledge of the patient. The words he used to summarize his predicament, as precisely as I can remember them, were “I am no longer able to practice medicine.”

          His job, as he saw it, was to help his patients. And he wanted to. But he just could no longer do it because the “health care” system was so completely dysfunctional.

          He gave me an illuminating example. He had a patient, an elderly woman, who had been on a particular medication for a very long time, and it worked for her. But then came some new regulation, and he was told that he would have to prescribe an alternative drug that had not been on the market as long and didn’t have the same track record of safety, and that the risk involved with taking the newer drug was unnecessary since she already knew that the older one was effective.

          It was just too burdensome for him to continue. It wasn’t what he wanted to do. He viewed his job as being to help his patients. But the government and insurance industry were standing in his way. They viewed his job as being an automaton whose unique insights into the patient, which could only be obtained by actually speaking with and examining the patient, were increasingly regarded as irrelevant."

          This was in the U.S. but I know the politicians are imposing similar diktats on local doctors as well. Nice to know my health and the relationship I have with my doctor is being controlled and directed by the politicians and bureaucracy and not by medical expertise and the experience of individual doctors and their knowledge of their patients.

  • +2

    Medical Professionals REFUSING to Give Test Results to Patient - Is This Legal?

    Yes, they go to the doctor who requested them.

    The doctor can then release them to you.

    • Clearly not if you read further up and tick the box

      • It’s up to the dr to tick that box. Ticking it after the form has been signed doesn’t seem legit even if you can get away with it. Probably not legal but accepted. Most docs won’t have a problem with ticking it as long as the patient isn’t saying drs are a waste of time and they’d rather google the results like the comment above.

    • +1

      Interesting article - doesn't expressly say the lab is legally obliged to give to the patient, but seems to allude at it.

      Ugh for the folks who want their 'sample' back - gawd i wonder how common that is.

      • +3

        Ugh for the folks who want their 'sample' back

        Bonus points for the ones that put the sample back where it came from…

        • Or so help me! BUM BUM BUUUUHM

      • +3

        "Patients are legally entitled to a copy of their pathology test results" is a pretty strong implication that they're obliged

  • +2

    you're out of pocket $60-100 for a GP appt, its silly to be FORCED to pay this if the results are fine

    Not true, the doctor can give you the results and just charge an admin fee to give you a copy of the results.
    Some do it free.

    • -2

      Hmmmm I dunno about this JV - so you're saying that the workaround - is to just wait till they're back at the referring Dr and then contact them and say, onsend them to me, if I need an appt after this I'll let you know?

      Interesting theory - might work I suppose.

  • +1

    If you don't want to go through a doctor and medicare, you can always just go get the tests done independently, without a referral, then the results are given to you.

    • +1

      Something is making the OP's blood boil though…

      Why not contact your Federal Member of Parliament and ask why telehealth has been defunded?

      • +3

        Oh no it's not 'boiling' it's just now both hard and expensive to get appts in the rural area I live in.

        I have no issue with paying for things I need - but if I don't, thats mildly annoying.

        I think I should have the right to chose this, not have it foisted upon me. Don't feel this is an unfair expectation.

  • +1

    Lab results I think are okay. However, I think reports & letters are different as the intellectual property of the opinion contained within those documents belong to the author of the document. Having said that, under the privacy laws you can request a copy of them too.

    • Quote Health Records Act 2001 if in VIC. Health professional told me this.

  • +2

    You can ask your doctor that you want your pathology test results sent to "my health record" which you can access through your myGov account.

    Not sure where you go for your pathology test, two places i usually go can send them to my health records. You can find those details under their faq:

    Sullivan Nicolaides
    QML Pathology

    • +1

      Many doctors are incredibly slack at this - and I belive they've been legally required to do this for YEARS but they just don't bother. The delay in going via this method is considerable.

      • Doctors use the form provided by the pathlogy lab and its the pathlogy lab thats sending the record to my health record. So all you need to make sure is that "Do not send to My Health Record" is NOT ticked when you get the referral from the doctor. Below is from the faq of QML.

        We are connected to the My Health Record system, operated by the Australian Government. For tests that are bulk-billed we will send a copy of your pathology test results to your My Health Record unless you specify on the form for us not to send a copy. You will be able to view these results seven days after we have completed the tests.

      • Many doctors are incredibly slack at this

        Do you expect them to do it for free ?

        • +3

          I expect them to do whats mandated as part of the consultation. No more but certainly no less.

          I thought that ensuring the patient's health info was uploaded to 'My Health Record' was a Govt required part of this - and had been so for years IF the patient hadn't opted out (which I haven't).

          Come around where I live, rest assured they're certainly not doing anything for free - and in fact seem to have gone off the deep end in charging - IMHO anyway - unsure how they go from bulk billing to gettig the govt fee and needing an additional $50-100 on top of this from the patient. But I digress.

          • +1

            @Daniel Plainview:

            I expect them to do whats mandated as part of the consultation.

            There is no consultation yet though when your results are sent back to them.
            They would need to spend more time to open the results, look at them and then enter them into 'My Health Record'

            • +1

              @jv: JV - I know it's kind of your 'party trick' but being argumentative for the sake of it is a lil pointless.

              My point was NOT contingent on there being a 2nd appt. My point was that in my experience, many doctors have been very poor in uploading results/info to 'My Health Record' - this is when there has been a consulation.

              On your 2nd point, I'd agree expecting them to invest time in the returned results if they're receiving no additional remuneration is fair enough. That said, I wonder if the regulations requires them to post to 'My Health Record' regardless….I suspect it does.

              As I would be very surprised if you had blood tests, but never went back to the Dr and the results were not on your 'M.H.R' and this was seen by the Govt, who's largely paid for the testing etc - as ok.

              Is a funny area and does not seem clear where obligations finish or start in any part of the transaction.

              • -3

                @Daniel Plainview:

                this is when there has been a consulation.

                The results of the tests arrive after the consultation has been completed though

  • +1

    Personal opinion (not a lawyer, so have no actual idea how it works). But I feel like when you go for medical tests you have this agreement with your GP not with the medical lab. The lab doesn't know you or the context of your results or if its actually for you really. They just run the results and give it back to the GP.

    The GP however is meant to give you the results either for free or at a small fair charge (for cases like mailing it etc). They should legally have to provide it to you and not doing so would be breaching the law. (And yes this I do know many GPs refuse to provide your results still or won't do so without a consultation).

    FWIW I did one with IMedical (https://imedical.com.au/) (not sponsored lol) and while pricey compared to the free GP one I did get emailed my results. I have no idea if the company could technically be sketch (selling personal details or anything?). But was fun to test for random stuff I always wondered if I had.

    • Said that already (see above).

    • So what is your takeaway from this article? As to me it's unclear exactly what it means as pertains to the question I've asked?

      With a consulatation with the referring GP you would definitely be entitled to a copy of your results - I get that, but this was a given.

      But without a fllowup consultation I cannot see that it's clear one way or another whether the patient can request their results and be entitled to them? Seems optional for the service providers.

      • Have you googled your question?

        If you have you will find a number of resources from RCPA which directly answer the question "Can I have a copy of my pathology test results?"

        • +2

          Yes, respectfully you have not fully read my question.

          I know I can get a copy of the results. My question is if the ONLY way I can get these is by having to go to a followup appt with the referring GP.

          e.g I'm testing for cholesterol. My GP refers me, I go get tested. Do I have to go back to him for results or can I have him OR the lab send them directly to me upon request?

          If I then decide I need more info I could go to the GP and have them explained etc.

          Thats my question. :-)

          • @Daniel Plainview: You can ask the test results to be sent to the my health records;

            Or, if you require to have routine blood test(eg. Quarterly, yearly) you can as your GP for the refferal of the next blood test when you are checking your test result with your GP.

            I too need my blood checked regularly, and my GP always gives me a referral for the next blood test so i do not need to visit him just to get the refferal. Instead, when its due, i just get my blood test done and see GP a few days later.

          • @Daniel Plainview: See these and if you want a more explicit answer to your question I'd suggest contacting them directly:
            https://www.rcpa.edu.au/getattachment/ec7d85dc-c449-464a-9b4…

            https://www.rcpa.edu.au/getattachment/2fd3f76f-8d7a-481f-83b…

            • @Gunnar: Thanks - the 1st one is the same info from the link just in a brochure.

              The 2nd one has some new stuff but again it's shocking to see that the test results do not legally belong to the subject. Thats absolutely bizarre.

              I do no know of any other testing service where that is the case or even close to it. It's on literally you and you pay for it - and yet two 3rd parties own it - the referring Dr and the testing service provider.

              Go figure.

          • @Daniel Plainview: Get your GP to fill in your details under "copy to" on pathology form

      • +1

        This is in the article linked by holdenmg and Gunnar

        While patients have a right to request a copy of their results, medical records ( including pathology test results) are the property of the treating practitioner. Accessing medical records could require formal requests for access to information via mechanisms such as Freedom of Information Requests (only for public patient records), or in accordance with Privacy Principles such as those published by the RCPA

        • +2

          Hmmm isn't that interesting.

          I wonder why the results are seen as the treating practitioner's legal property? That seems rather odd being that they neither were the subject of them nor paid for their production.

          • +3

            @Daniel Plainview: The rationle behind downvoting around here is bizarre - folks are offended I was surprised the results were the legal property of your Dr? Ok.

  • -5

    Jesus wept just from reading this I would hate to deal with the OP in any capacity regarding anything whatsoever. What a punish.

    • +4

      Haha what a daft comment. Incredibly difficult me - for merely wishing to know legally my rights. What an epic PITA indeed. ;-)

      • -8

        Your word choice of daft and completely misuse of capital letters indicates you’re of the older generation and seem to think you know more than experts in their fields.

        • +1

          Rest assured - I could have easily substituted a number of other words instead.

          And I'm not arrogant enough to feign 'knowing' much about you or any others from such banal things but hey cheers for your terrific insights I'll let you go crack that next cold case.

        • +2

          GP doesn't exactly scream expert to me… but ymmv I guess

  • +6

    I’m in total agreement with OP. Regardless of whether I’m paying for a test - and I often am these days - I believe I have a right to that information, without the necessity of having to go via my GP. One option I’ve discovered is with iMed Radiology, where any patient is able to make an account with them, log in 5 days after testing and see a copy of both the report to the referring Dr and any films. I try to use them where possible for that reason. But I also see my GP. Not that long ago we had our x-rays etc and were required to wait to take both the films and report back to the doc ourselves. Who didn’t open that envelope and read the report?! Everyone!

  • +2

    You actually don't own the test results or notes doctors make. You simply have the right to a copy at a reasonable cost.

    Clinical notes are the property of the person who created them, as a patient you merely have the guarantee of obtaining a copy at a reasonable cost in a reasonable time. Same goes for any tests or imaging referrals, the referral is made by the clinician and thus the results go back to the clinician to aid in their diagnosis/treatment. The reason it's referred out is because the clinician is unable to perform the procedure themselves, otherwise if it's done in house it's the property of that clinician.

    This question of having to go back to the GP for test results was recently asked here a few weeks ago. At the end of the day, do you know how to interpret test results? There's a legality issue in terms of duty of care for a followup post results being sent to the referring clinician. As for why it couldn't be over the phone, thank the Medicare system where the doc knows it's a quick way to make a buck at minimal or no cost to the patient.

    • +2

      Points taken however as stated it's somewhat unique where you can be the subject of the 'results' and pay for them to be done - and yet NOT own the results/findings and even have to pay an extra fee to even be given them after you pay for a GP to tell you them? Thats a terrible outcome and illogical when contrasted to nearly any other area of contract law.

      You're going down the 'are you a doctor?' path - which I covered in depth in my initial post so I won't go over again - but while I agree with this in part I also feel the the subject & purchaser of the results should as a consenting adult have the option/right to this if they wish.

      • +4

        Mate, we are living in a country that’s about to limit how many paracetamol tablets we can buy! How long before they are prescription only? Consenting adults we may be but more and more our medical rights to our own information, and our own governance for that matter, are being eroded.

      • -1

        I think it's hard to compare this situation to other laws. Sure, there are consenting adults who have adequate health literacy and will access this health information purely out of their right to do so, but there will be others who rely on it and will not even bother seeking clinical context from their doctors. The different rules apply here to protect everyone because it can lead to life and death situations over time. I know that touches the "are you a doctor" thing, but I've always imagined laws around health to be different than other laws for this reason.

      • -2

        Thats a terrible outcome and illogical when contrasted to nearly any other area of contract law.

        Surprise surprise, we don’t live in a utopia.

      • The way you're looking at it fails to look at the process as a whole.
        It's essentially one long process that goes:
        1. Consult for the issue
        2. Test and investigate
        3. Interpret test results and provide interpretation/diagnosis
        4. If needed propose course of treatment.

        Now there are two ways a doctor can bill for this in the eyes of the patient, one high fee and everything is included that covers steps 1 to 4, or bill each appointment as required to fulfill the required duty of care.

        The contract here is you're seeking help and care to identify what is or isn't wrong with you, so there's nothing illogical about it. You requested help, and the doctor provided it.

        The reason you're probably tripping over the whole who owns what thing is because to help provide good health care in a timely manner, it is in the best interest of everyone to have a system where you're able to freely transfer information from one clinician to another in the event you would like to seek treatment elsewhere or are required to seek treatment elsewhere. This prevents redoing tests, wasting resources and empowers patients the ability to seek multiple opinions. Then you're mistaking this privilege as entitlement to ownership.

        • +1

          Good reply and i agree with most of your logic.

          I'd not say I am 'tripping' over this - it just surprises me that it's my definition their legal property. When the diagnostics/testing is neither done on them, by them or paid for by them - they still own it. Can't think of any other example even vaguely similar.

          Your points are taken on board - generally one size fits all approaches are less than ideal - I get why they're done but it's nice if there's 'off ramps' there if folks feel they wish them. e.g results can be sent direct to patient who must clikc/sign a form acknowledging they accept all responsibility for this - yada yada.

          • +1

            @Daniel Plainview: The referred diagnostics/testing isn't owned by the doctor, the copy of the report and results sent to them are. They then use that with their knowledge and skills to provide healthcare to the patient (which is what the patient is paying for; health care).
            An easy way to look at this is the clinician is the contractor contracted by the patient to find the ailment and cure it if there is one.
            The clinician refers work that they cannot do to a subcontractor, who (by the referral letter) is working for the referring clinician. (Ignoring the payment irregularity under this comparison).

  • +1

    Based on my own experience it is quite easy to get a (free) copy of your radiology reports. However if you're after pathology results the lab will charge you a fee.

  • under my info their legal owner

    This was a weird way to phrase it, do you mean you own the results or the results are for someone else who is under your guardianship?

    • Not sure who you are quoting but assume it's myself. haha you have a better way to phrase it? They have to belong to someone, why not the subject of them & the individual who paid for their processing?

      But my question pertained only to a person asking about their own results - guardianship would be the same but you'd just have to prove you were their guardian but didn't apply to my question. :-)

      • Yeah it’s in your op lol. I just wanted to clarify because you mentioned the patient in the same sentence so wasn’t sure if you were talking about the results or another person which is why I thought the word “owner” was a bit strange to use in that kind of context.

        In my experience I’ve only received results for tests when I’ve gone to see the GP after a test. I guess it would be frustrating if you wanted to get the results from the path lab directly and could prove they’re your results but get denied.

  • I've received results from labs directly. Just had to provide signed copy of ID

  • With bulk billing impossible to find - and in the rural area I live you're out of pocket $60-$100 for a GP appointment, it's silly to be FORCED to pay this if the results are fine - but if one is unsure or just feels better, by all means attend then OF YOUR CHOICE.

    Are you sure they will charge you for it? The GP we go to charge a significant gap for a consult, but they usually bulk bill for the follow up consult for test results. I guess it is in a way 'covered' as a follow on from the first consult that you already paid for. Also, if the results are fine they don't request a consult - they only want to see you if there are issues.

  • Could you go to a decent doctor who only bulk bills in the big smoke once a year who is also doing telehealth? I live in Canberra and it's impossible to find a bulk billing doctor here gaps of $100+ are common. The ones who do bulk bill are beyond uninterested.. Think do you want fries with that.. My plan is to go to a decent bulk billing doctor when I'm next in Sydney. You can get telehealth from them if you see them once a year.

  • My understanding is that it is that you do in fact have a legal right to your pathology results:
    "Can I have a copy of my pathology test results?
    Yes. Patients are legally entitled to a copy of their pathology test results although the treating practitioner is in the best position to understand and interpret the test results and its potential impact for their patient. If patients would like a copy of their test results, they should be requested from the treating practitioner at the time of consultation, or directly from the relevant pathology laboratory.

    Each pathology laboratory will have their own protocol on how to release pathology test results to patients, and they may inform the treating practitioner of this request. This is because reading their own pathology test results may be distressing or potentially confusing for some people. Pathology test results are also reported using technical medical language and may be difficult for most patients to interpret or understand."
    source : Aus. Gov Dept of Health and Aged Care : https://www1.health.gov.au/internet/publications/publishing.…

    I have a regular GP, and whenever they order tests for me they ring me if there is a "problem" and the surgery rings me to say "no problem". No appointment required unless there is a problem :)

  • Guess I am one of the lucky people. My pathology results go straight into my health record on MyGov. They are also available to me on the app that my doctor's clinic uses. HOWEVER there is one caveat on this, I am unable to read the results until 7 days after the tests are done. This is so the doctor can evaluate the results first.

    Not sure about radiology results. I cannot access them online, though your doctor can as they have access to the various radiology providers. In the old days, they used to give you the copies of the films to take back to your doctor. I still have most of mine as the doctor didn't want them after viewing them. They just scanned a copy of the radiologist's report and gave it all back to me.

    I doubt anyone gets access to the doctor's notes due to privacy reasons. I have had several visits to both Sandringham and The Alfred Hospital here in Melbourne and they have an app of their own. All my blood test results, discharge summaries, and letters written to my GP are all there for me to see. But not everything is there, e.g. the ultra sound and CT scans I have had. I have a review visit at The Alfred this arvo, so I might ask the question.

  • +1

    However, I've found it increasingly common for the Testing Company (e.g Pathology Lab, Radiology providers) to flatly refuse to give these directly or even cc'd to the Patient

    You are definitely entitled to access your health information directly from the testing company.

    If you have difficulties with this, after going through the Privacy complaints process / procedure / policy of that entity, you can lodge a complaint with the Privacy Commissioner https://www.oaic.gov.au/privacy/privacy-complaints or under the relevant state / territory legislation.

  • +2

    Pathology forms here in NSW have a box to be ticked if a copy is to be sent to the patient direct as well as to doc. I tick it before I present for my expensive blood to be drained. Looks like doc has done it. Anyway, it comes & I can check it and then contact doc if anything serious or needs discussion. I have a better idea of what I am taking about. BTW I always book in for a double consult even if I have not much to get sorted. It stops being given the nod if I have to bring something up as the chat goes. No doc I know uploads anything to My Health its a flippin disgrace. They are all getting tax money in full or partially for the service.

  • +3

    FWIW literally just home from dropping my wife off at her work after she had to go to the Dr to pickup results from a mammogram & ultrasound. This is an annual thing for her, yet the initial GP visit just to get a referral for these cost her $100 out of pocket. The testing was bulk billed. However the radiologist refused to give any feedback or thoughts with her.

    So wait until she can make another Dr's appt - back we went.

    Literally from the time her name was called to her coming back out - under 3 minutes - Dr stated that all was fine, handed her photocopy of the results. Told her to come back in a year. $50 charge on top of their bulk billing for that.

    Not sure what the hourly rate on that sub-3min consult works out to but nice work if you can get it.

    • -2

      Heh. That's life.

  • +1

    This is pretty ordinary and was discussed in other health related posts on Ozbargain.

    Albeit, I noticed that there was a high level of downvoting when that individual mentioned it. Co-pay thread if anyone was interested, a simple search on google comes up with it. I can only guess that it was people from within the medical profession that were trying to hide the truth…

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