Australian Cardiology Services, Nima Rudd: Claims patient records were accessed
A Mildura cardiology clinic claims a former contractor-turned-rival logged into a confidential database and contacted patients to lure them to his surgery.
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A cardiology service claims a former contractor who started his own rival Mildura clinic accessed its confidential database and contacted patients in a bid to steal business.
The Supreme Court of Victoria heard Australian Cardiology Services Pty Ltd (ACS) alleges Dr Nima Rudd breached equitable obligations of confidence in relation to the patient records.
ACS also alleges Dr Rudd engaged in misleading or deceptive conduct over posters that were placed in Mildura.
Dr Rudd rejects allegations of unlawful conduct.
The court heard ACS operates a clinic in Langtree Ave, where Dr Rudd worked as a contractor until July.
He leased premises for his own practice, Dr Rudd Cardiology, on August 31 and began operating on September 9.
ACS used a patient management system known as Health Track, which contained confidential patient information and was accessed by doctors and staff, including Dr Rudd while he worked there.
ACS’ IT consultant detailed 18 times between September 3 and 7 when Dr Rudd accessed the Health Track database of ACS using the account of a communications manager.
Dr Rudd did not dispute accessing the database, but deposed that he believed he was using his own account.
He denied a claim he copied information from the database to contact patients, instead saying he’d used his own patient notes and test results.
Both parties accepted that Dr Rudd contacted patients who had attended the ACS clinic and had contact with Dr Rudd while there.
It was disputed whether Dr Rudd had also contacted patients with whom he had not previously seen.
The court was told eight patients had provided statements that they had never seen Dr Rudd but were contacted by him.
“I received a message (text) from Dr Rudd, but I have never been a patient of his, but he was trying to get me to be his patient. He wanted me to go the surgery in 13th Street,” one patient said.
Dr Rudd said he may have gotten the number off another person.
A second patient said they had received a text message from Dr Rudd and followed up with a phone call to him.
The patient was said to have been told to “forget” his appointment at ACS as it had been “cancelled”, which Dr Rudd disputed.
ACS said when they contacted two further patients, who had each missed an appointment, the patients reported receiving a message or call from Dr Rudd telling them to go to Thirteenth St instead.
Dr Rudd said the first of these was a pre-existing patient of his and the other was a “walk-in”.
The new clinic also put posters up in Mildura, which stated: “Dr Rudd is no longer working at Tristar Medical Group (Australian Cardiology).”
Tristar and ACS are separate entities, however Tristar operates a general practitioner clinic at the Langtree Ave premises.
ACS argued that if other general practitioners mistakenly believe Tristar and ACS are the same, it may discourage referrals.
Dr Rudd argued the intention of the poster was to communicate he no longer worked “at” the Tristar premises and was now in a new location.
Associate Justice Mary-Jane Ierodiaconou found there was a serious question to be tried.
Associate Justice Ierodiaconou ruled that until a final determination is made, Dr Rudd must not use or disclose the contact details of patients on the database.
There will be an exemption for those who he had already consulted with at the new practice and those who provide consent to ACS.
Dr Rudd was given until Friday to file and serve an affidavit describing all documents in his possession from the database.
He must deliver all documents from the database relating to patients not subject to one of the exemptions.
An order was also made for Dr Rudd to not publish that the ACS clinic is either closed or part of the Tristar Medical Group.
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