• An abuse victim’s medical records were mistakenly sent to a stranger after a visit to a hospital.
• The victim has been living in fear of the offender under an alias and is concerned her safety could now be in jeopardy.
• Health New Zealand Te Whatu Ora acknowledged the error and is making changes.

A child sexual assault victim living in hiding from her abuser – her gang-affiliated father – is reeling after her medical records were mailed to a stranger following a routine trip to the hospital.

For many years Mel* has been living under an alias in a bid to prevent her father from ever tracking her down for revenge.

She said her safety had been seriously compromised after her information – containing her real name and address – was posted to the wrong person with their own medical notes.

Mel - whose name has been changed in this story to protect her safety and privacy - was sexually assaulted by her father from when she was a young child into her teens.

She said he was heavily involved with gangs and the stories he would tell her about the violent and brutal things he and his associates got up to left her even more terrified and traumatised.

The abuse only stopped when she left home at before she turned 15.

Years later after she reported the abuse, her father was sent to prison for 10 years.

She was scared he – or one of his mates – would come after her, seeking revenge for getting him locked up.

She was granted a permanent protection order, banning her father from contacting her directly or through any other person.

Mel also changed her name and has spent every day since then doing everything possible to ensure she cannot be traced.

The woman went to an emergency department after she was injured at home. The actual location cannot be published as it may impact her privacy. Photo / Tania Whyte

Her abuser was released from prison about five years ago and even with all her safety measures in place, she has never stopped looking over her shoulder.

But any modicum of security she felt was ripped away earlier this month after a trip to the emergency department.

“I stood on glass in my backyard. I thought I got it all out but a couple of days after, I had to resort to going to the emergency department,” she said.

She was treated and discharged without any issue.

Days later, her phone rang.

“I had no idea who I was talking to because my number is unlisted and it is completely private and off all records,” Mel said.

“The lady said ‘I was in the hospital the night you came in ... and I am caught in a bit of a situation and I’m wondering what to do about it ... I’ve got all your discharge papers here'.

“I was shocked, I asked her what information was in the papers and she said ‘your address, your phone number and obviously, I’ve gone through and had to read over things and find your details’.”

The woman offered to meet Mel and return the documents. But Mel was too worried she may somehow be connected to her father or his associates.

The woman agreed to return the information to the hospital – which she did a few hours later.

Days after her hospital visit, a stranger called Mel to say she had been sent her discharge papers. Photo / 123rf

The phone call turned Mel’s world upside down.

“I was like ‘f*** – are you s***ing me? This is a complete breach of privacy ... by the one place that my information should be kept the most secure,” she said.

“There’s no guarantees on if anything’s going to come about from the situation - but the fact of the matter is, my privacy has still been breached.

“I feel like I’ve lost the safety net I have had to build around myself ... I am literally a sitting duck, hoping and waiting that nothing comes of it.”

Both Mel’s legal name and the name she has been using were on her medical records. She had also made sure her personal circumstances – including the protection orders and extreme need for privacy – were flagged.

“I spent seven hours trying to reach [Health New Zealand] Te Whatu Ora – off the top of my head, I made 15 or 16 calls to different numbers explaining the severity of the situation and [to] bring it to their attention but I wasn’t getting any calls back,” she said.

“Then I reached out to another agency, who emailed someone and said ‘you seriously have to contact this person’. Someone eventually called me.

She said Health NZ had acknowledged the error and said her discharge papers were mistakenly placed into the other patient’s file.

The agency invited Mel to a meeting to further discuss the incident and the action they have taken.

Mel did not feel like they had fully acknowledged the level of risk to her safety.

“This has actually brought issues to my life that they have not offered to rectify or resolve,” she said.

“The mailing system now and changes they are making has no effect on my life ... I don’t give two flying s***s about what they do inside their walls ... my information has been leaked, my security has been broken ... I have been exposed.

Mel has been living in fear of her father since she reported him to police for sexual abuse and he was jailed. Photo / 123rf

“The hospital was a place of safety – I don’t want to go near another hospital again in my life and if that kills – so be it.

“What they have done is ... playing Russian roulette with my life. For the last week, I have been pacing my porch. I am not sleeping. I have reinstalled cameras around the house.

“I am living in a prison at the moment – one I have not been sentenced to.”

Health NZ did not answer specific questions about the incident.

“We acknowledge the distress this error has caused and deeply regret that the information was mistakenly sent to another person,” said the director of hospital and specialist services operations for the area Mel lives in.

“We have been in regular contact with the affected person and have apologised directly. We take this opportunity to do so again.

“An investigation has indicated this was a matter of human error involving information about one individual and we are making changes in our mail-out process as a consequence.”

All of Mel's private details were sent to a stranger who had been in hospital the same day as her. Photo / 123rf

Mel is considering making a complaint to the Privacy Commissioner.

The watchdog could not comment directly about Mel’s case but did speak generally about breaches.

“In this case, we can’t comment on the specifics without hearing from those involved, but if the woman is unable to resolve the matter directly, this is certainly the kind of complaint where we would try to negotiate a settlement between the parties,” it said in a statement.

“An organisation or individual either intentionally or accidentally providing unauthorised or accidental access to someone’s personal information would be a privacy breach.

“Some information is more sensitive than others and is more likely to cause people serious harm. Medical and health information can be some of the most sensitive information people can provide.”

Anna Leask is a Christchurch-based reporter who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 18 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz

SEXUAL HARM

Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email [email protected]
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.