A Melbourne woman has launched legal action against a hospital after a catastrophic administrative blunder left her officially declared dead — while she was very much alive and making pizza at home. Michelle Buckley, 54, of Werribee, discovered in May that her identity had been mistakenly linked to another woman who had died, triggering a wave of grief among her family and raising serious questions about patient record safety.
How the Mix-Up Unfolded
The chain of events began on May 13, when a homeless woman was found dead outside a Tarneit home. Police initially identified the deceased using patient documents she was carrying from Werribee Mercy Hospital — documents that bore the name Michelle Buckley. The dead woman had a similar name and was just one year older than Buckley.
Buckley first learned something was wrong when her former partner received a condolence message about her death. Shortly after, police knocked on her brother's door to deliver the devastating news. Her aunt was so distressed she spent an entire week with family to grieve.
"I can't tell you what it's like. It's so surreal to be told that you're dead," Buckley said.
Buckley immediately contacted Victoria Police to confirm she was alive. Investigators told her the deceased woman had been carrying hospital documents that incorrectly identified her as Buckley.
Medical Records Merged for Months
The situation proved to be deeper than a single identification error. When Buckley examined her My Health Record account, she discovered the other woman's medical history had been intertwined with her own for several months prior to the death.
"I thought, 'Oh my God. I've had so many tests and scans, and some of them the same as this other person,'" Buckley said. "I thought, 'Have I been given the right results?'"
Buckley said she had never personally attended Werribee Mercy Hospital, believing her only connection to the facility was through a specialist referral. Two weeks after she raised the alarm, the hospital formally confirmed the misidentification in writing, acknowledging that another patient had been "managed wrongly" under Buckley's name, resulting in entries being added to her file that did not relate to her.
In a further troubling detail, the hospital acknowledged in its communication that the deceased woman had repeatedly raised concerns that her personal details on file were incorrect — but those concerns were never resolved.
Hospital Apologises, Review Underway
Mercy Health issued a formal apology and said it had launched a thorough internal review into how the error occurred and went undetected for so long.
"We are deeply sorry to the patients and family involved and to everyone affected. Every patient has the right to expect that their identity and health information are managed safely and accurately," a Mercy Health spokesperson said.
The organisation said it was working to identify improvements to its patient identification processes to prevent any recurrence.
More than two months on, Buckley said she was still working to have her medical records fully corrected — an ongoing ordeal that has compounded the emotional toll of the original shock.
Legal Action Described as 'Completely Novel'
Buckley has engaged law firm Slater and Gordon to investigate both how the records error occurred and why it remained undetected for an extended period. The case has already captured the attention of legal professionals for its extraordinary circumstances.
Lawyer Kieren McKenzie said neither he nor his colleagues had encountered anything like it. "Imagine having to confirm your identity and the person on the other side of the phone says, 'There it is, I can see your date of death,'" McKenzie said. "I've never seen something like this. Having spoken with some colleagues, we all agree this is a completely new and novel case."
The case raises broader questions about patient data integrity across the health system. For those navigating complex legal processes stemming from institutional errors, legal pressure can prove a powerful tool in forcing accountability and systemic change.
The matter is ongoing, with the review by Mercy Health yet to be completed and Buckley's legal claim still in its early stages.
