No patient protection in Ireland:

Stance of Minister Reilly, HSE and the Medical Council:

A major factor in my complaint to the Medical Council against Tallaght Hospital's Dr J. Noel was that on 1/4/10 he had offered me treatment ASAP depending on when a bed became available and that was confirmed in his letter of the same date to my G.P. and I lodged this letter as evidence - This was the only letter anyone saw.

Ms Finola O'Dwyer [a solicitor appointed by the Medical Council] presented my complaint and the opinion that no action be taken against Dr Noel. My complaint was dismissed.

After obtaining records under Freedom of Information etc I made a number of disturbing discoveries.

[1] Ms O'Dwyer had presented my complaint materially altered from what I had stated - Contradictorily it was claimed that I had stated that the letter from Dr Noel to my G.P. confirmed that on 1/4/10 Dr Noel had offered me immediate treatment but I'd refused his offer. This falsehood was confirmed in the Medical Council's minutes. No such letter from Dr Noel existed at this time.

My actual complaint as on the Medical Council's files was that, the claim that I'd been offered immediate admission and immediate treatment on 1/4/10 by Dr Noel was totally false and contradicted his letter to my G.P. of that date. Ms O'Dwyer presented me contradicting myself, my evidence and my complaint - therefore my complaint had to fail.

[2] That Dr Noel had written to the Medical Council saying he wanted his letter to my G.P. to be read as confirming that on 1/4/10 he had offered me immediate treatment by admission to hospital the next day [and not as was in his letter ~ treatment ASAP depending on when a bed became available].

Given the Medical Council is funded by the medical profession it's no surprise that they acceded to his most improper request. Dr Noel needed this to cover for the falsified medical records.

# Although I brought matters of grave concern to the attention of the Medical Council including CEO Ms Caroline Spillane and President Professor Kieran Murphy no interest was taken. In fact Mr Diarmuid Coen, solicitor, wrote to me insisting that this [falsification] was my complaint.

# Also and despite the absolute proof of their own minutes, Mr William Kennedy for the Medical Council denied what I claimed as per [1] above and passed his denial to very senior officials of the Dept' of Health APO Mr Pat Clifford and HEO Ms Joan McKenna and to the minister.

I brought this blatant false denial to Minister Reilly's attention and despite the documentary evidence, including the Council's own minutes he was not interested.

Given that the ample opportunities to admit mistake and to rectify were never taken, rather the opposite, the altering of my complaint must be considered deliberate.

Mr P. Tyndall Information Commissioner:

On 23rd July 2012 under Freedom of Information I requested the Medical Council to produce the documentation supporting their false claims of what they said I said. Although such documentation was required by law to exist as this was a statutory investigation, they refused to produce.

On 17th Sept 2012 I requested the Information Commissioner's assistance and although the Act etc says the intent was to finalise all requests within 4 months nothing has been done.

15 months later during Dec 2013 and after pressure from me I was told that the office was very busy and they would get around to my request when they could but did not know when.

Of note is, as previous shown in my blog, Mr Tyndall turns a blind eye to his staffs serious irregularities and improprieties including falsehoods that protected Tallaght Hospital etc.

Minister Reilly:

On 5/3/13 I made a formal detailed complaint, supported by documentary evidence to the Minister for Health Dr J. Reilly regarding the Medical Council's falsifications. At the end of July 2013 he responded that he was completely satisfied with the conduct of the Medical Council. I immediately sent him my objections in the form of a statement of record and asked he acknowledge that he had put it on the relevant file.

Minister Reilly totally ignored me.

On 3rd Dec 2013 under Freedom of Information I requested the minister/HSE to produce all records appertaining to my complaint of 5/3/13 and subsequent correspondence. In particular the document were its claimed I said that Dr Noel's letter to my G.P. confirmed that I was offered immediate treatment for my pain but had refused this offer - a document given the circumstances etc was required by law to exist.

On 23rd Dec 2013 Assistant Secretary Mr Paul Barron declined to produce the document.

Overall - While standing by their claim, all parties have refused to produce the document where they claim I made this statement. A statement that has me contradicting myself, my complaint and has me confirming and supporting Dr Noel's falsehoods. Falsehoods used to pass the blame from Dr Noel and Tallaght Hospital on to me and to dismiss my complaints.

William M. Trent.                  williammtrent@yahoo.ie

No patient confidentiality in Ireland:

Date Protection Commissioner Hawkes rules a patient has no Rights to confidentiality for their medical records:

Ms Eilish Hardiman Tallaght Hospital's CEO released, to third parties, my file of personal information [containing about 200 documents]. This included a number of falsified documents including my medical records. Tallaght Hospital decline to give me a copy of said file.

By Email from and to her private Email address Ms Hardiman had twice requested my permission to make this release and twice in response I made it clear I was not giving my permission.

Despite this - late 2013 under Freedom of Information I received documentation from Tallaght Hospital which not only included my responses to Ms Hardiman's requests but an internal Email from her to Mr B. Carr stating that I'd never responded to her.

Mr Brendan Carr Tallaght Hospital's Data Protection Officer totally ignored me when I made a formal complaint to him regarding the illegal release of said file,

Mr Billy Hawkes the Data Protection Commissioner refused to take my complaint regarding these illegal acts stating that what I complained about would not be a breach of the Data Protection Act.

My original complaint commenced - "I wish to make a formal complaint regarding a serious breach of confidentiality by Tallaght Hospital in illegally releasing my personal information etc to other parties and also their Data Protection Officer ignoring my complaint. My complaint should also cover HSE. This refers to, at least, a file containing my information being released by Tallaght Hospital to HSE Advocacy without my requested permission."

[1] Upon receiving his refusal I wrote further to him highlighting a number of points including, again, that the hospital had twice requested my permission to release my personal information [file] to third parties and twice I did not give permission. However they still released said information, thereby deliberately breaking the law.

Mr Hawkes ignored me.

[2] During Sept 2013 I wrote to Mr Hawkes requesting prosecution of those involved.

Mr Hawkes ignored me.

[3] During Dec 2013 I wrote to Mr Hawkes in detail and requested that he formally explain, supported by the relevant law, his refusal to uphold and enforce Irish and EU law regarding my complaint.

Mr Hawkes ignored me.

Even though I'm now well into my 5th year of hell, left crippled with seriously impaired mobility all efforts are seemingly channelled into covering up negligence, indifference etc that has left my health destroyed.

William M. Trent.                  williammtrent@yahoo.ie 

Ombudsman Tyndall fabricates grounds:

Mr Tyndall goes outside the law to refuse to investigate my complaints against Tallaght Hospital and others:

Having had my well documented complaints for a year the Ombudsman close-off my complaints without investigation, indicating that I'd withdrawn my complaints to the Ombudsman. This was to be the first of three 'grounds' the Ombudsman was to use.

This was a complete and known falsehood as I had only recently written to the Ombudsman pressing for a full and complete investigation.

The Ombudsman ignored my immediate challenge to this false claim.

It was only after my MEP made representation on my behalf that notice was taken of my challenge and the Ombudsman informed my MEP that the decision would be reviewed on the grounds that the Ombudsman had not upheld my complaint [yet there had been no investigation] - this was the second of three 'grounds'.

After said review I was informed that the Ombudsman had decided not to investigate my complaints because I could not prove I'd made a phone call to the hospital on 9/4/10 [I had proven I'd made and taped the call] - this was the third of three 'grounds'. This refusal despite the fact that the call had no bearing on major parts of my complaints.

# For example - Dr Noel/Tallaght Hospital knowing for about 9 months that I'd not had the treatment he said he had requested the hospital book me in for [no one bothering to do anything about it]. Dr Noel stated that the bookings had never been made.

# For example - the hospital suddenly discovering and producing, for the first time, a letter in Nov 2011 'proving' that I'd refused treatment on 1/4/10. This was claimed to be a copy of a letter Dr Noel sent to my G.P. - however it actually contradicted the only letter received by my G.P.

The letter dated 1/4/10 received by my G.P. confirmed that on 1/4/10 Dr Noel offered me - treatment ASAP depending on when a bed became available.

The newly discovered letter contradicted this and said that on 1/4/10 Dr Noel had offered me - immediate admission for treatment but I refused the offer.

I had already written to the Ombudsman stating that I believed they were looking for excuses to get rid of my complaints. These examples were just two of the stumbling blocks the Ombudsman would find it impossible to circumvent if he were to investigate.

The problem is that Tallaght Hospital etc usually has two contradictory versions of various events or matters and their earlier version supports my version. So whichever version the Ombudsman accepted the hospital etc was in trouble and if the later false version was accepted how would the Ombudsman explain away the earlier true version?

On Dec 6th I Emailed and asked Mr P. Tyndall the Ombudsman to explain to my MEP and me these extraordinary actions and since he was seemingly operating outside the law to indicate the relevant parts of his legislation he was relying on. As matters were obviously serious I requested an acknowledgement.

Mr Tyndall totally ignored me.

On Dec 16th I Emailed Mr Tyndall and requested he acknowledge receipt of my Email of Dec 6th and to respond.

Mr Tyndall totally ignored me.

So the people who have denied me my Rights walk off scot free, including Tallaght Hospital who has left me crippled. All because the Ombudsman declines to carry-out his duties and ignores the wealth of documentary evidence and that includes proven falsified documentation from Tallaght Hospital.

Even though I'm now well into my 5th year of hell, left crippled with seriously impaired mobility all efforts are seemingly channelled into covering up negligence, indifference etc that has left my health destroyed.

William M. Trent.                  williammtrent@yahoo.ie 

Information Commissioner Tyndall and manipulation of evidence:

Mr Tyndall approves of his offices manipulation of evidence and false claims that put Tallaght Hospital in the clear:

# Mr Tyndall accepts Tallaght Hospital's claim that Dr Noel, who had already certified that no bookings had been made for my treatment, wrote to my G.P. about me missing appointments for those bookings for treatment - of course no letter existed at the time.

A very serious matter came before the Information Commissioner - Did Tallaght Hospital's Dr J. Noel write a letter to my G.P. between April and Sept 2010 regarding appointments Tallaght Hospital claimed I missed?

This was very important as I never missed any appointments and Tallaght Hospital was trying to pass the blame on to me for the lack of treatment [at present I'm crippled and need a crutch and leg brace to get out].

The matter I wanted addressed and rectified by Mr Tyndall was a false claim made by a senior member of his staff that I lodged no relevant evidence regarding my claim that the hospital was attempting to pass the blame on to me for the lack of treatment and no such letter, as claimed by the hospital, existed. Mr Tyndall 'noted' my allegations without denial, but declined to address them.

The Information Commissioners decision was to side with the hospital and accept their claim and also to make the false claim regarding me.

Amongst the evidence I had put before the Information Commissioner was:-

[1] That on 31/5/11 Dr Noel had made a statement to the Medical Council [for a statutory investigation] that although he had requested over a year before, on 1/4/10, that the hospital make bookings for my treatment, no bookings had ever been made [and obviously I was never given any appointments]. I actually quoted from Dr Noel's statement.

[2] That late in 2010 the hospital had confirmed that I'd never failed to attend any appointments.

[3] That my G.P. had never received any letter from Dr Noel regarding appointments I'd missed. I gave the Information Commissioner permission to contact my G.P. to confirm this but he declined.

[4] That on 6/6/12 Tallaght Hospital's Deputy CEO, Mr J. O'Connell, had written to me stating that no such letter existed and Dr Noel had no recollection of writing such a letter.

A major point was the hospital was now contradicting themselves, but that was of no interest.

Mr Tyndall refused to address my request of Dec 2013 regarding his staffs false claims and what is obvious is that if he did, he would have to admit to the evidence and that would completely undermine his backing of Tallaght Hospital.

So, Mr Tyndall accepts/confirms that Dr Noel, who confirmed to the Medical Council on 31/5/11 that as of that date I'd not received treatment because the hospital had not made the bookings he had requested on 1/4/10, wrote to my G.P. regarding me not turning up for the bookings that were never made and Mr Tyndall is happy with his staffs false claim that I never brought Dr Noel's statement etc to their attention.

Seemingly this office disregards evidence that will not fit the decision they wish to make - even to the extent of denying receiving evidence they acknowledged receiving.

One question must be asked - what exactly is the agenda of the Offices that Mr Tyndall holds [Information Commissioner and Ombudsman] because he claims that he reviews decisions in a fair and independent way - that is not what the above shows.

Even though I'm now well into my 5th year of hell, left crippled with seriously impaired mobility, all efforts are seemingly channelled into covering up negligence, indifference etc that has left my health destroyed.

William M. Trent.                   williammtrent@yahoo.ie