Data Protection Commissioner a full official review:

I have been formally informed that Ms Dixon, the Data Protection Commissioner, has ordered an immediate full review of matters and has appointed Mr John Keyes, Assistant Commissioner & Head of Investigations to personally undertake this.

The review is to commence immediately and a substantive response is promised within the next two weeks.

Crumlin Children's Hospital - a very serious danger within:

Crumlin Children's Hospital - a very serious danger within:

Dr Jacques Noel. [MCRN 14671] Lazy - negligent - criminal and falsifying medical records etc:

# Because of Dr Noel's laziness I'm left crippled for life, in constant pain and virtually housebound after being diagnosed with degenerative spinal disease - due to my seriously degenerating mobility there is talk that I should consider a wheelchair as an aid. This is totally unacceptable as it would mean me losing my home.

Dr Noel will go into denial and falsify and fabricate etc to save his own skin at the life changing expense of a vulnerable patient, in my case, a pensioner with a medical card and, no matter that the official records support my claims, he will be protected and can rely on, successfully so far, colleagues and authorities to cover-up for him, even when it's criminal - meaning that those turning a blind eye are approving of such conduct and will do so in the future.

It's not just discreditable people like Dr J. Noel who destroy our health service and put patients in danger, but also the people / establishments who cover-up for them and employ them.

This doctor, who I saw at Tallaght Hospital, is a consultant at Crumlin Children's Hospital and is a real and serious danger to patients.

The evidence that completely supports my allegations is impeccable 'best evidence' as it's their own documentation - Tallaght Hospital, Dr J. Noel.

[1] Medical records etc - lazy and criminal:

Documentation proves that Dr Noel knew for nearly a year that I'd not received urgently required treatment yet he did not bother to do anything to rectify, he was just too lazy. He was so lazy he did not even bother to make use of, for example, a secretary to rectify. That's criminal negligence.

I did inform the hospital's CEO Ms Hardiman regarding this but she ignored me.

Dr Noel resorted to falsification on more than one occasion to cover himself.

Their original documentation supports my version of events - later they started to 'produce' documentation not only contradicting my version but contradicting their own original documents.

An address at the top of one of the falsifications reads -

"Our Lady's Children's Hospital, Crumlin, Dublin 12. 01-4096100"

At my only consultation with Dr J. Noel he offered me treatment ASAP depending on when a bed became available - he confirmed this to my G.P. and confirmed it in his letter written at the consultation and the hospital records show that on the day of the consultation he sent an internal request that I be booked in ASAP for treatment - documentation shows that the bookings were never made.

Later he contradicted this by falsifying records, including medical records to claim that he had offered me immediate treatment and that I refused treatment.

If I had refused treatment I would be completely responsible for my current crippled state but the problem for the establishment is that I obtained their records which clearly show them changing their 'story' so as to pass the blame onto me.

Dr Noel also claimed to have told my G.P. that he had offered me immediate treatment and that I refused. My G.P. rejects this confirming all she was told by Dr Noel was that he offered me treatment ASAP depending on when a bed became available, as per his letter.

Clearly he resorted to criminal activity to try to cover-up his laziness and negligence.

3rd party proof that the Medical Council altered my complaint to cover for Dr Noel:

Dr Noel and the hospital can point to the fact that my complaint against him was dismissed by the Medical Council, something I found impossible give the documentary evidence that proved he was being untruthful.

Later from internal documents I discovered that the Medical Council had mis-described my complaint by attributing an allegation to me which I'd never made, but it effectively destroyed my complaint as such an allegation was completely false thereby clearing Dr Noel.

After a long arduous fight, during which their solicitor wrote to me insisting I'd made the allegation, a legally binding decision which only the High Court could set aside [case 120243] was made by the Freedom of Information Commissioner. In this the Medical Council were forced to acknowledge that they had incorrectly described my complaint, that I'd never made any such allegation, that evidence they had claimed they had to support their claim did not exist. In fact they never had any reason to believe I had made such an allegation.

Despite this the Medical Council stand by their decision to clear Dr Noel despite his and their falsehoods - proving beyond any doubt that their actions were deliberate.

Crumlin Children's Hospital is now fully aware of the danger they put their patients in by employing Dr Noel who is devoid of ethics and seemingly untouchable.

This was not the only proven falsification and misrepresentation that Dr Noel indulged in, for example -

[2] The phone call:

As Dr Noel had requested I made the agreed phone call to Ms Irene Fortune [main orthopaedic secretary] at Tallaght Hospital's Ormsby Ward and I taped the call. I spoke to the ward clerk who said Irene was not in that day. The clerk took my name, my phone number and Dr Jacque Noel as a further contact and would get Ms Fortune to contact me - I was never contacted and complained.

In an internal hospital letter, Dr Noel explained that Ms Fortune had not contacted me because she was on sick leave with a fractured foot.

Despite this Dr Noel was to yet again indulge in fabrication to pass the blame onto me.

He later wrote to third parties claiming I had not made the call and supported his false claim with a statement from Ms Fortune, who fully identified me and said that "I had no contact with him what so ever".

Neither Dr Noel nor Ms Fortune mentions the fact that she was to have contacted me but had not done so because she was off sick, the intention is very clear.

# The ward clerk who I spoke to has never denied taking my call.

So just like [1] above the truth of their own records can be denied to save Dr Noel's skin - the implications are obvious, he is of more value to society than a pensioner who he has crippled - what value a vulnerable child if it comes to Dr Noel's skin?

In fact Tallaght Hospital is so bad it was publicly branded by a coroner as a dangerous place, saying that it "sounds like a very dangerous place to be for anybody, let alone a sick patient”.

# I have provided [through pacs@olchc.ie] Ms Helen Shortt, Chief Executive of Crumlin Children's Hospital with the link to this article in order to ensure that it's a matter of record that Ms Shortt is fully aware the danger Dr Noel's poses to patients.

A corrupt Data Protection Commissioner in Tallaght Hospital's pocket:

A corrupt Data Protection Commissioner in Tallaght Hospital's pocket.

Breaks the law and actively aids Tallaght Hospital's criminal negligence in leaving me crippled for life, virtually housebound and in constant pain.

The first formal complaint I lodged with the Data Protection Commissioner against Tallaght Hospital was for passing to third parties, against my wishes and without my permission, my confidential file of over 200 records - included my G.P.'s confidential correspondence and confidential details regarding my next of kin, again without the legally required permission.

[The hospital's illegal actions were on the express personal orders of their CEO Ms E. Hardiman]

My complaint was refused and according to the Commissioner Tallaght Hospital had done no wrong and had not breached the Data Protection Act.

My second formal complaint I lodged with the Data Protection Commissioner against Tallaght Hospital was for passing my medical records to third parties, without my permission and against my wishes.

[The hospital's illegal actions were on the express personal orders of their CEO Ms E. Hardiman]

I said "Matters are made much more serious as certain medical records are proven, by other hospital records etc, to be falsified and I'm left crippled." and referring to my first complaint I said "You refused my complaint on the grounds what I complained about would not be a breach of the Data Protection Acts"

My second complaint was refused by default as it was ignored despite my numerous chasers which were acknowledged.

Everyone knows how confidential medical records are and that they cannot be released without the patients express consent.

Again the Commissioner breaks the law to cover-up for Tallaght Hospital, Ms Hardiman and Dr Noel - especially to ensure no public questions would be asked regarding the proven falsification of the medical records by Dr Noel.

Proof of the Data Protection Commissioner's wrong doing:

Two contradictory statutory rulings to cover-up for Tallaght Hospital:

My complaint is dismissed on the grounds that Tallaght Hospital's conduct did not constitute a data breach while the hospital is 'privately' informed that their conduct did constitute a data breach.

Internal records I obtained show that during the period between my two complaints the Data Protection Commissioner had 'private' conversations with Tallaght Hospital and these indicate not only that the hospital were told by the Data Protection Commissioner that they had breached the Data Protection Act by releasing my documents but that the hospital already knew they had breached the act. There was even talk of 'wilful breach of the act'.

Very significant is that it's shown that the hospital looked upon these matters as of low importance.

Clearly the hospital knew they would be protected by a corrupt Data Protection Commissioner - well the Commissioner knew I was left crippled for life but her only concern was to deny me my Rights and protect the people who left me crippled.

Being virtually housebound and in constant pain I wrote to Ms Dixon one last time basically asking her to do the job she's paid to do and said "Tallaght Hospital and your actions set a very serious precedent regarding patient confidentiality in general and medical records in particular and also the Right to Privacy."

Ms Dixon completely ignored me and given the documentary evidence, the ignored opportunities to rectify, the blatant violations of the Data Protection Acts, one must ask, what incentives had Ms H. Dixon?

Serious offences against public interest by the Data Protection Commissioner:

While everyone else in Ireland has the Right to doctor/patient confidenality the Commissioner rules that I don't have that Right and the only possible outcome of that is to protect Ms Hardiman and Tallaght Hospital from criminal sanctions and also aid their cover-up of criminal negligence in leaving me crippled for life. One must ask what perverted sick mentality is at work here.

In fact and given the overall situation, it's reasonable to say that the Commissioner has committed criminal offences - after all, the Commissioner told me that no breaches had been committed while telling the hospital that they had committed breaches.

Although they had refused my complaints illegally they did indicate on just one occasion [through their senior compliance officer Mr Alan O'Grady] that they were willing to discuss matters - but only verbally and without withdrawing their perverse decision.

# Of note is that this type of corrupt conduct to protect the people who have left me cripple is not unusual.

The Medical Council broke the law etc in order to dismiss my complaint - after a long arduous fight, during which their solicitor wrote to me denying any improprieties, a legally binding decision which only the High Court could set aside [case 120243] was made by the Freedom of Information Commissioner. In this the Medical Council were forced to acknowledge that they had incorrectly described my complaint, that I'd never made the allegation they had claimed I had, that evidence they had claimed they had to support their claim did not exist. In fact they never had any reason to believe I had made such an allegation.

# I have provided [through info@dataprotection.ie] Ms Helen Dixon the Data Protection Commissioner with the link to this article in order to ensure that she has the opportunity to respond.  

Tallaght Hospital CEO Mr Slevin's falsehood:

Senior HSE officials' statement proves Tallaght Hospital CEO Mr Slevin's falsehood:

During July '14 and as an excuse not to investigate my complaint that his hospitals Dr J. Noel had falsified my medical records Mr Slevin had said he was awaiting the outcome of the ongoing HSE review of my complaint.

During Aug '14 I challenging his refusal and asked for details telling him that I knew of no such 'review' - he ignored me.

During Sept '14 Ms D. Keyes, Regional Manager Consumer Affairs, HSE Dublin Mid-Leinster formally and officially confirmed to me that there is no and never was any such review.

What has become clear is a policy at Tallaght Hospital to falsify and fabricate whatever puts them in the clear and this goes right to the top, to the CEO.

While I'm left crippled Mr Slevin's priorities are clearly to cover-up for his hospital and indulge in falsehoods. This shows contempt for patients who obviously come a distant second in priorities.

Tallaght Hospital's 'policy' of altering records:

Tallaght Hospital CEO Mr D. Slevin approves the falsification of medical records:

On 21st July 2014 I lodged a formal complaint with Mr D. Slevin the CEO of Tallaght Hospital.

My complaint was that the hospital's Dr J. Noel had falsified my medical records and the proof I lodged was the two contradictory documents signed by Dr Noel.

The first was dated the day of my consultation and confirmed to my G.P. the truth which was, that he had offered me treatment ASAP depending on when a bed became available - which never came about.

The second was dated 7 weeks later, in which Dr Noel now falsely claimed that at the consultation he had offered me immediate treatment which I had refused.

The first placed to blame / onus on the hospital, the second passed the blame on to me - this is very important as I'm left crippled.

Of note is that the second document appeared out of thin air over a year after its claimed date of writing.

On 29th July 2014 Mr Slevin refused to accept my complaint.

On 11th Aug 2014 I wrote to Mr Slevin challenging his refusal but he ignored me. This proves complete indifference by Mr Slevin to record tampering by his hospital.

A very important point is that Tallaght Hospital has already committed offences by deliberately releasing, against my wishes, my 'medical records' to third parties.

This and the falsification were just part of a hospital cover-up approved at the highest level.

Despite this extremely serious misconduct and against my expressly written instructions, the hospital insisted that I attend during Aug 2014 and see Dr Noel. I made Mr Slevin aware of this without interest being taken.

I have given Mr Slevin the opportunity to respond.

Medical Council tampers with evidence:

Statutory investigation proves the Medical Councils falsifications:

In 2011 after the Medical Council dismissed my complaint against Tallaght Hospital's Dr J. Noel I discovered, through Freedom of Information that the Council had falsified my complaint.

They had described and recorded my complaint as an allegation I had not made, an allegation that was the exact opposite to what I had alleged.

From 2011 to 2014 and despite the documentary evidence the Council insisted that I had made this allegation and refused any rectification. Two of the senior staff members involved were the Councils solicitor Mr D. Coen and the Councils CEO Ms C. Spillane.

During 2014 and under the pressure of the Information Commissioners investigation the Council admitted that I had not made the allegation they had said I had, admitted that they had described and recorded my complaint incorrectly and admitted that they could not produce any documentation that even suggested I had made the allegation.

So it was now proven that the 'allegation' was a total fabrication by the Council.

I wrote to the Council's president Prof. F. Wood and asked for full rectification - he showed no interest but thanked me for writing.

Under an Order from the Information Commissioner the Council informed me that the reason they had dismissed my complaint in 2011 was that it [the fabricated allegation] did not give cause for action to be taken.

I then lodged a formal complaint with Prof. F. Wood especially citing the Information Commissioners investigation decision/report - his response is awaited.

# During this period I lodged a further complaint with the Council against Dr J. Noel regarding the falsification of medical records and backed my complaint with conclusive documentary proofs - the Council refused to accept my complaint.

While I'm left crippled the Medical Council will go to any lengths, legal or otherwise, to protect Dr J. Noel.

Given the Council's conduct over the years in perpetuating this falsehood and fabrication one has to ask - how many times has the Council indulged in this type of conduct? And given Prof. Wood's disinterest - how many more times?

I have offered Prof. F. Wood the opportunity to respond.

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

Tallaght Hospital - the cover-up:

This is a follow up and continuation of the two Irish Times articles about my healthcare experiences:

30/3/2010: "Chronic pain sufferer unable to get help" and 22/5/2012: "My quality of life has been totally destroyed"

I first attended Tallaght Hospital during 2009 and have been left semi-crippled due to indifference, negligence etc. I've been diagnosed with degenerate spinal disease which caused a fall in Dec 2010 leaving me to need a crutch and leg brace after a 2 week stay in St James's Hospital.

Having failed to get Tallaght Hospital to accept and address my complaints of 2010 & 2012 I've obtained, over a very long period, records, documentation, information etc, usually under Freedom of Information - something Tallaght Hospital's Dr Noel criticised me for - this is the documentary proof for my story.

What I found was a hospital and some staff that had nothing but their own interests at heart, the welfare of me, the patient, was treated with indifference - as was patient confidentiality.

My Rights were violated, falsehoods, misrepresentation etc were indulged in and documentation altered and, or falsified and the law deliberately broken.

In fact the hospital's arrogance and belief of unaccountability was illustrated when their CEO Ms E. Hardiman deliberately broke the law. Having twice written asking for my permission and having twice failed to obtain it, she not only released my medical records [which were falsified] to third parties but also a file of over 200 documents including private correspondence etc.

As Tallaght Hospital refused me a copy of this file I obtained it elsewhere and found it to be incomplete, misleading and contained false documents and attempted to pass the blame for the lack of treatment on to me. A matter I warned the Ombudsman about as she was working from this file - but no interest was taken by Ms O'Reilly.

I had also being given other patient's private information but the hospital and Ms Hardiman and Mr B. Hawkes the Data Protection Commissioner refused to accept my complaints regarding all the illegal releasing of information.

What follows are examples of my experiences, such as, in 2010 I had also complained to the hospital that their file copy of a letter they had sent to my G.P. had been altered significantly to what my G.P. had received. This was completely ignored and such a policy of altering/falsification was to turn up on more than one occasion later on.

The indifference, negligence, false claims etc:

Documentation shows;-

# That immediately after my consultation with Tallaght Hospital's Dr J. Noel on 1/4/10 he made a request that I be booked in for facet joint injections and he confirmed in his letter dated 1/4/10 to my G.P. the programme of treatment ~ injections ASAP depending on when a bed became available followed by back rehab followed by surgery if necessary. Later Dr Noel was to deny this.

# 5 months later in Aug 2010 it was known that I'd not had treatment yet and Dr Noel was going to check this out.

# 14 months later in 2011 it was known that I'd still not had treatment yet, that the bookings had never been made for my treatment and Dr Noel had been too busy to check or follow matters up.

# Now Dr Noel was falsely claiming that he had actually offered me immediate admission, immediate treatment on 1/4/10, that I'd refused his offer.

So, according to their documentation they have two contradictory versions -

The original version: On 1/4/10 I was offered treatment ASAP depending on when a bed became available, a request for bookings to be made for my treatment was sent to radiology but the booking was never made. Dr Noel was aware of this for, at least, over 9 months but was too busy to do anything.

The later version: On 1/4/10 I was offered immediate admission, immediate treatment and refused, a request for bookings to be made for my treatment was sent to radiology, the booking was made for 13/7/10 but I failed to turn up. To support this new false version medical records were falsified and Tallaght Hospital 'discovered', in 2011, a 2010 letter to my G.P. [which my G.P. never received and no one had ever seen] from Dr Noel contradicting his original letter dated the day of the consultation. Ms O'Reilly refused to contact my G.P. who would confirm she had never received this letter and that it contradicted the letter she had received.

# This indifference, delay etc was part of my 2012 complaint that the Ombudsman had said she was investigating. However in 2013 she closed the file on my complaints falsely claiming that I'd withdrawn my complaints as I did not wish her to continue her investigations.

Tallaght Hospital criminal offences etc, Mr B. Hawkes and Ms E. O'Reilly aid the cover up etc:

Ms E. Hardiman Tallaght Hospital's CEO twice requested my permission to release my personal information and file to third parties and twice I did not give my permission, stating that I wanted my complaints of 2010 & 2012 addressed first. During July 2012 Ms Hardiman deliberately broke the law and went ahead and made the release.

The hospital refused me a copy of said file but having obtained a copy elsewhere I discovered it was incomplete, misleading and contained a number of false documents including falsified medical records. When I discovered that this was the file the Ombudsman was using I warned her but she took no interest.

It's clear why Tallaght Hospital did not want me to see this file, for example, they had replaced Dr Noel's 2011 confirmation that they had not made the requested bookings for my treatment with an 2012 internal hospital report saying they had made the bookings for 13/7/10 but I had failed to attend - no mention was made that they were now contradicting Dr Noel's statement that no bookings had been made. Ms O'Reilly accepted this false report without question.

Ms O'Reilly the Ombudsman - this formed part of my 2012 complaint. However in 2013 she closed the file on my complaints falsely claiming that I'd withdrawn my complaints as I did not wish her to continue her investigations - my challenge was ignored. Given the strength of my documentary evidence this was the only way Ms O'Reilly could clear Tallaght Hospital/Dr Noel - especially since they had contradictory versions of events, therefore whichever version Ms O'Reilly chose would prove my complaints and that was her dilemma.

All Ms O'Reilly has to do is produce the documentation showing me withdrawing my complaints to prove I'm lying when I say her claim that I withdrew my complaints is false - she cannot. Since Ms O'Reilly indulges in falsehoods it's obvious that she will find no wrong in others doing the same.

Mr B. Hawkes the Data Protection Commissioner refused on 10/12/12 to accept my complaints saying there had been no breach of the data protection acts. This despite the fact that the HSE and Tallaght Hospital had already made formal admissions to Mr Hawkes that they had committed breaches of the data protection acts. I had opened my complaint to Mr Hawkes that my personal information had been released to other parties without my permission. Mr Hawkes deliberately violated EU law.

I challenged his refusal on 11/12/12 pointing out to Mr B. Hawkes -

# Tallaght 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 - meaning the Data Protection Commissioner would have to prosecute

# Twice Tallaght Hospital refused to accept my complaint regarding this breach of confidentiality and this included the hospital's Data Protection Officer.

# When said 'file' was released to me it included personal information of other patients.

# Previously records had been released to me leaving other patients information readable.

And I requested that he put my challenge on my complaint file and confirm that he had done so. He declined to so confirm.

Given the deliberate nature of Tallaght Hospital's actions, their admittance and the contents of documentation, Mr Hawkes would be obliged to prosecute criminal sanctions - the only way around this was for him to illegally refuse my complaint.  

Overall I've been given details regarding 19 other patients. This ranged from just their name up to their addresses, treatment type etc. One even related to a complaint of breach of privacy and confidentiality.

The phone call of 9/4/10 and the 'witness' who was not there:

On 1/4/10 at Tallaght Hospital I'd been left forgotten for hours after my appointed time by Dr Noel. As I was in extreme pain it was agreed with Dr Noel that I would phone his contact on Ormsby Ward when I'd enough mobility to get out again.

On 9/4/10 @ 9:45am I made the planned phone call and spoke to the ward clerk who took my details as she could not find Ms Irene Fortune the orthopaedic secretary, but would get her to phone me back on Monday - All that is clear in my complaints and to any one listening to the tape I had made of the call - but no one ever returned my call and I never received treatment.

Tallaght Hospital and Dr J. Noel claim that I never made this call and produced a statement in 2011, not from the ward clerk but from Ms Fortune certifying she had never spoken to me. The denial that I'd made the call on 9/4/10 was just part of the attempt to pass the blame on to me for the lack of treatment.

On 4/4/13 the Ombudsman informed me that Tallaght Hospital had said that Ms Fortune was actually off sick on 9/4/10 the day I phoned Ormsby Ward. The problem with this was that Tallaght Hospital's Dr Noel had already used the statement from Ms Fortune in 2011 and the statement made absolutely no mention of her been off sick at any time. Ms O'Reilly accepted, without question, the denial that I'd not made the call. So the 'evidence' supporting the denial that I did not make my call on 9/4/10 was from a staff member who was not actually there.

I highlighted the fact that while there was a misleading statement from a staff member who I never claimed to have spoken to, there was no statement from the ward clerk who I said I spoke to. And that Tallaght Hospital had refused to investigate my complaints of 2010 & 2012 - Of course listening to my tape of the call in conjunction with staff and shift records would be enough to confirm my claim, including that the ward clerk had made a record of the call. Ms O'Reilly ruled that I'd failed to prove I'd made the call.

In July 2103 Ms O'Reilly stated that following the consultation on 1/4/10 I was to phone the hospital when I had decided on treatment and that I said I had phoned to arrange a consultation. As that was completely incorrect I wrote to correcting her by quoting my complaint. She responded insisting that I was wrong - thereby rewriting my complaint. Ms O'Reilly's 'version' does not fit with the fact that Dr Noel had made bookings for my treatment at the consultation of 1/4/10.

However, once I'd forcibly spelt matters out Ms O'Reilly closed the file on my complaints in June 2013 claiming that I'd withdrawn my complaints, that I did not wish her to continue with her investigations - that was a complete falsehood. In fact I was pressing for a full and open investigation only days before and of note is that Ms O'Reilly's false claim came quite soon after she let slip that her investigations had established matters regarding Ms Fortune being off sick the day I made my call.

The Medical Council:

Having made my initial complaint in March 2011 it was dismissed 6 months later - however there are numerous matters of great public interest.

# In his defence Dr Noel claimed to the Medical Council that his letter to my G.P. confirmed that on 1/4/10 he had offered me immediate admission/treatment and I refused.

I proved that he was being untruthful by lodging his letter dated 1/4/10 in which he said "I offered to try and get him in as soon as possible for facet joint injections if we can get him a bed". This not only confirmed my claims but was in line with his earlier claims that he requested bookings be made for my treatment.

Not only did the Medical Council accept Dr Noel's proven false version without question, their minutes prove that they falsified my complaint to fit in with Dr Noel's new version. They said that I agreed with Dr Noel that his letter confirmed I refused immediate treatment. This meant that I was contradicting myself and my evidence, so my complaint had to fail.

The falsification circumvented Dr Noel having to explain his contradiction and other matters related to it. Dr Noel's letter of 1/4/10 confirming treatment ASAP depending on a bed was the only letter seen by the Medical Council and the only one received by my G.P.

Ms Caroline Spillane the Councils CEO was fully aware of the falsification but exhibited absolutely no interest and in fact the Councils president Prof. Kieran C. Murphy had already written to me expressing his satisfaction with the handling of my original complaint.

During 2012 I made three Freedom of Information requests [March, April, July] to the Medical Council including to produce the evidence/proof of what they claimed by altering my complaint - they declined and all these are in the hands of Ms O'Reilly as Information Commissioner but I'm still waiting.

# Showing absolutely no interest in my tape, the Council accepted Dr Noel's claim that I'd not made my phone call on 9/4/10. The evidential matters are as set out above and yet again a major question relates to Ms Fortunes 'evidence', especially as it's now proven she was not even in work.

# On 31/5/11 Dr Noel informed the Council that I'd not had the treatment required as the bookings he had requested on 1/4/10 had not been made. He stated he had been too busy to check or follow matters up. The Council accepted this as fit and proper behaviour.

# Dr Noel lodged what he claimed was a transcript, made on 19/5/10, of the medical records [clinical note] for 1/4/10. Not only are the records falsified but this document was never released under any of my Freedom of Information requests. Dr Noel's records of 1/4/10 contradicted his letter of 1/4/10.

# While my complaints against Dr Noel were being 'investigated' by the Medical Council they felt that it was quite fit and proper for Dr Noel to expect me to attend, at a time and place that suited him, for a consultation against my wishes, despite my crippled state and his conduct.

A disturbing fact is that the Medical Council is fully funded by the medical profession.

The falsification of medical records:

What was offered on 1/4/10 by Dr Noel to me?

Version 1 the original and true version = Treatment ASAP depending on when a bed becomes available. Programme of treatment - facet joint injections ASAP, followed by back rehab, followed by surgery if necessary. Dr Noel's letter of 1/4/10 to my G.P. was written immediately after the consultation confirms this.

Hospital records show Dr Noel immediately made a request on 1/4/10 that I be booked in for treatment and later records show that Dr Noel discovered that the requested bookings were never made and that he showed absolutely no interest in rectification.

Version 2 = Immediate admission and treatment which I refused and Dr Noel claimed this was what was confirmed in his letter to my G.P. This version surfaced on 31/5/11, over a year after the consultation and no such letter as claimed by Dr Noel existed at this time, no one had even seen any such letter, but Ms O'Reilly ruled against the evidence that such a letter did exist at that time. 

While the medical records are claimed to have been written by Dr Noel at the same time as version 1 they contradict it and support version 2.

Version 1 puts the onus on Dr Noel and Tallaght Hospital. Version 2 places the blame for the lack of treatment on to me.

The Minister for Health removes patient protection ~ falsification now ministerial and government policy:

I made my formal complaint regarding the Medical Council's altering/falsification to Dr J. Reilly the Minister for Health on 5th March 2013. On 26th July 2013 he responded indicating that the Medical Council had acted within the law and he found their conduct completely acceptable, despite me providing him with the documentary proof of the Medical Council's internal minutes.

The falsification by the Council was that they said I agreed with Dr Noel's version, when in fact I proved by documentation his version was false. Their falsification made sure my complaint had to fail.

It's extremely significant that rather than insist that the Medical Council rectify and carry out their duties lawfully, the minister approved of their unlawful conduct and that when I requested he put my objection on file he completely ignored me.

It's now policy that the Medical Council can alter/falsify a complaint and in such a manner that the complaint fitted in with what the doctor wanted and therefore had to fail.

At present the only explanation for Dr Reilly's unlawful conduct is the fact that the Medical Council is fully funded by the medical profession and he is a doctor.

Politics, politicians and regulatory bodies:

Despite the seriousness of matters both Catherine Byrne [Fine Gael] and Joan Collins [People Before Profits] ignored my requests for help when I approached them on more than one occasion - showing that protecting the 'establishment' is more important to them than their constituents.

The actions of the regulatory bodies etc I approached showed that they acted in an opposite manner to their remit, which is to protect the patient/members of the public. For example, the Ombudsman falsely claiming I'd withdrawn my complaints, Data Protection Commissioner refusing to accept a validated complaint, Medical Council falsifying my complaint etc and one is obliged to ask - how many times have they done this and how many times more?

Patient's Rights and accountability is a farce, there's none unless the patient has the resources to enforce them and as shown without said resources the patient cannot rely on the regulatory bodies etc.

In fact there's so little accountability that none of these people/bodies has even had to explain their conduct, contradictions, falsifications etc.

Factually patients in Ireland have been divested of their Rights and if you think it could not happen to you - think again, who is there to protect you, whom would you complain too?

William M. Trent.                    williammtrent@yahoo.ie