Abertawe Bro Morgannwg University Local Health Board v Korashi [2012] EWHC 121 (QB) (08 February 2012)

Abertawe Bro Morgannwg University Local Health Board v Korashi [2012] EWHC 121 (QB) (08 February 2012)

Dr Korashi has no legal entitlement to retain or use confidential patient information obtained during his employment for the purpose of contacting former patients of Mr A. There is no legal or public interest justification that outweighs the Claimant's right to confidentiality and return of its information. The...

Source-derived case information.

Citation
[2012] EWHC 121 (QB)
Parties
Claimant: ABERTAWE BRO MORGANNWG UNIVERSITY LOCAL HEALTH BOARD; Defendant: Dr. Ihab Korashi
Jurisdiction
England and Wales
Judgment Date
08 February 2012
Procedural Posture
Civil Summary Judgment and Injunction / Application to Set Aside Summary Judgment and Strike Out Counterclaim
Outcome
Application dismissed
Legal Topics
Confidential Information, Injunctions, Summary Judgment, Whistleblowing, Patient Records, Employment Dismissal, Medical Negligence, Abuse of Process
Employment Law Confidentiality Medical Law Confidential Information Injunctions Summary Judgment Whistleblowing Patient Records +3 more

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Parties

ABERTAWE BRO MORGANNWG UNIVERSITY LOCAL HEALTH BOARD

Claimant

Dr. Ihab Korashi

Defendant

Procedural Posture

Civil Summary Judgment and Injunction / Application to Set Aside Summary Judgment and Strike Out Counterclaim

Legal Issues

  1. 1 Whether Dr Korashi is entitled to use confidential patient information to contact former patients of Mr A
  2. 2 Whether Dr Korashi is entitled to retain confidential information after his employment
  3. 3 Whether there is any legal or public interest justification for disclosure by Dr Korashi

Ratio Decidendi

Dr Korashi has no legal entitlement to retain or use confidential patient information obtained during his employment for the purpose of contacting former patients of Mr A. There is no legal or public interest justification that outweighs the Claimant's right to confidentiality and return of its information. The issues raised have already been investigated by appropriate authorities, and the court is not the proper forum to determine disclosure to patients. The summary judgment and striking out of the counterclaim were correct and should not be set aside.

Court Disposition

Application dismissed

Orders

  • Application by Dr Korashi to set aside the judgment of 27 May 2011 is dismissed.
  • No order for a Civil Restraint Order at this stage.