Sneak peek: Alberta doctor who viewed patient files in ‘personal investigation’ sanctioned

An Alberta doctor who accessed a patient’s health records in a personal investigation into clinic management’s billing and scheduling has received a written reprimand and was ordered to take the “Privacy and Confidentiality” course by the Canadian Medical Protective Association (CMPA).Dr. Jung Hwa Lee, a Calgary family physician, has been sanctioned by the College of Physicians and Surgeons of Alberta Hearing Tribunal nearly a year after being found guilty of unprofessional conduct.This decision is the follow-up to Dr. Lee’s previous hearing in September, 2023, when the CPSA found Dr. Lee guilty of unprofessional conduct.“Dr. Lee admits that she intentionally accessed the personal health health information record of (the patient) in a personal investigation into matters that were of a private dispute,” wrote the college’s hearing tribunal in the 2023 trial. “In doing so, Dr. Lee exhibited not only poor judegement but also knowingly contravended the (Health Information Act) and (Canadian Medical Association Code of Ethics). The incident occured in 2020, when Dr. Lee worked as a contract physician at the University of Calgary’s student wellness centre. At the time, Dr. Lee admitted to reviewing the file, but told the hearing tribunal she retrieved the patient’s health record because she found out that the clinic’s lead physician continued to treat patients, including some who were clinic staff, during pandemic lockdown.All of this was taken into account by the latest tribunal, who did not order costs in their disciplinary decision on Dr. Lee.“The single aggravating factor is the impact Dr. Lee’s conduct had on the offended patient,” wrote the hearing tribunal, in its latest decision. “In her complaint, the (patient) indicated that her privacy was invaded, the conduct was disconcerting, that she had a right to keep some traumatic health concerns private, and that it shook her sense of security in the workplace.”An EMR audit by the university found Dr. Lee looked at the patient’s file for a total of 16 seconds. In considering all of the factors, the tribunal ordered that Dr. Lee receive a written reprimand with the hearing decision serving as the reprimand, and that she take and pass the “Privacy and Confidentiality” course provided by the CMPA. The tribunal charged Dr. Lee with no additional costs and acknowledged that she already completed the required course.

Sneak peek: Alberta doctor who viewed patient files in ‘personal investigation’ sanctioned

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