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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 55131
Experience:  Qualified Solicitor
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I’m a doctor. Worked in a private class mic in London.

Customer Question

I’m a doctor. Worked in a private class mic in London. Resigned 6 weeks ago. Had exit interview where they offered affiliation, to take my patients and this would be £5000 annually but they would waive fee for first year.
I asked for my pt list which was emailed to me and I sent emails to pta advising them I was leaving and if they wanted to cont their care with me they needed to reply with their details incl address, date of birth etc and to state if it was ok for me to contact them by email
I was to work till end of July at the clinics request after which I would set up my own practice.
I was thrown out on Friday and handed a termination letter stating I had breached data protection and ethical laws and to cease and desist. They also asked I notify them of the patients I had emailed. The pt list is what they had sent to me, so they have the full list.
I am horrified and upset about the turn of events but need to reply to legally protect myself.
Please advise.
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

How long had you worked there for?

Customer: replied 9 months ago.
Started on 28th September 2017
Expert:  Ben Jones replied 9 months ago.

Also, who did you request the patient list from and were you not asked why you needed it at the time?

Customer: replied 9 months ago.
It was known that I was taking my patients because after consultations I would go to reception with the patient and inform reception that this patient will be booking in with me at my practice and won’t need an appointment back here. I also said I would email on my new practice details. So I asked the receptionist staff to check with the practice manager of a way to get my pt and emails sent to me, which they did in an excel format. I then emailed pats from the list
Expert:  Ben Jones replied 9 months ago.

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. The issue appears to be that you used the patient list to directly approach the patients on it. Whether you could do that or not would depend on who actually legally owned the list. They may have been 'your' patients but the management of their details could have been down to the clinic, in which case it was their list. So the problem there would be the unauthorised use of their list and going beyond what you could do with it. For example, by them issuing you the list it would have been there for your own reference and any communications about you leaving would have been down to the clinic. So if you wanted to create your own list, over which you had management control, you would have had to start it yourself from scratch.

At this stage it may be best to contact them to apologise for any misunderstanding and without admitting to any specific wrongdoing, that you only did this as you believed you had rights to the list as these were your parients. If still required just tell them who you contacted and that you will not continue making further contact but would request that they do that on your behalf instead. It is for that reason you should remind them that it is better for you to do this with their consent.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 9 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 9 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks