PDA

View Full Version : Is this a HIPPA violation and is it grounds for suit


wyatt_aspen
Dec 6, 2008, 05:34 PM
I take my kids to a doctor where my dads friends daughter is a nurse. She is the nurse to my kids doctor. Recently she made the comment to me that if I wanted my kids information to be kept private that I should consider a new doctor. Then last week my dad called me and asked me if I was putting my youngest daughter on psych meds. I had enquired with the doctor about my daughters behavior. I told him that I wasn't and he told me that his friend (cher) had heard it from her daughter (amie). I went straight to the doctors off, shaking because I was so mad. I told the ladies in the office about the things that I had been hearing and that I wanted something done. Due to the holiday weekend they said that I would have to call the office manager on Monday. Well she called me. I was at work so I told her a little about what was going on and told her I would have to get back to her. I found out from my father on Friday that on Thursday night amies husband had called him yelling about what I had told the doctors office and that I needed to keep my big mouth shut and that the office was backing his wife up 100%, he also said that they had said that I went into the office throwing a tantrum and stomping my feet and yelling so loud that the whole hospital could hear me. He told my dad that he didn't understand why it was such a big deal, that is was just athletes foot and that he didn't even know what that was. Here is the thing about this conversation, I never said anything about athletes foot, and indeed my daughter did have it during the summer, and his wife hasn't been the nusre for my daughter for almost 4 years (she went to nights, she still is the nurse for their doctor though).

So do I have grounds for a suit. For the nurse sharing information and for the office manager letting it get to this point.

ScottGem
Dec 6, 2008, 05:45 PM
I'm afraid you don't quite understand HIPAA. It was not designed to provide grounds for suing medical practitioners. It was established to provide rules and punishments for sharing patient information.

So while this was clearly a HIPAA violation, someone discussing medical condition with an unatuhorizes person, its probably not something you can sue over.

You can (and should) file a complaint and probably get the doctor's office fined.

asking
Dec 6, 2008, 05:47 PM
Find a new doctor. I would not sue over something this minor. You would have to demonstrate that you have been injured and I think that would be hard to do.

But there is obviously not privacy or respect for privacy in this office. Plus you've burned your bridges. Move on. Maybe because of you standing up for yourself, they'll treat other people's business with more discretion. We can only hope.