My husband called my pain management specialist without my knowing. He left a message for my doctor to call him back.. . my doctor called him back. They talked about my medical care, treatment plan & medication in depth. I received a call form my doctor the very next day. She stated that she had wanted to put me back on a medication but only if I wanted too, not just because my husband wanted me too. I asked her why she was mentioning this, she stated that she had spoken with my husband and that she should be directing questions to ME & NOT my husband because of HIPPA.. . I felt violated. I don't feel I can trust her to care for me properly if she is going behind my back, even if it is my husband... I could have told him my medical issues my own way. The last thing I need is added stress in his life. Was this a violation?

... Was this a violation?

Certainly seems so.

It depends. Typically when you start seeing a doctor there is a disclaimer you have to sign. In this disclaimer you are asked, for instance, if the doctor's office can leave a message on your voice mail or if your treatment can be discussed with any family members i.e. spouse.

You need to have the office check your file to see what your disclaimer states and if you have agreed/signed to have your treatment discussed with him.

I did not sign a disclaimer for them to be able to talk... only signed for his mother as an emergency contact. Other than feeling violated, does there need to be "damages" before a suit can be filed? I am "anybody" and I would hate to have this happen to "anybody" else.

When claiming a HIPAA violation, the claimant does not win anything monetarily. What would happen would be the person(s) in the doctors office would have to attend a HIPAA Law course and possibly be suspended. The office may or may not be fined.

What kind of suit do you want to file? And yes, there needs to be damages.

This was your husband. What were you hiding from him?

... Other than feeling violated, does there need to be "damages" before a suit can be filed? ...
Yes, just about always.


... ... I am "anybody" and I would hate to have this happen to "anybody" else.

That's why there are other remedies provided, in this case fines and such. The idea is that, because "anybody" has had rights violated, but you don't have specific damages, another type of punishment is more appropriate. But yet, hopefully, the misfeasant will be still taught not to do it again.

First, take J_9's advice and check what you signed. Very often you sign things at a time like that that you don't recall or understand.

Second, if the doctor had no written authorization to discuss your diagnosis or treatment with another party, then a HIPAA (not HIPPA) violation would have occurred. But, if such a violation did occur, then the only action would taken against your doctor. Considering this was your husband he spoke to, I doubt if anything more than an admonishment would be given him to be more careful that he checks a patient's file before discussing their case.

You have no grounds for a suit.

But I have to echo what J_9 asked. This is your husband. Is there a reason you don't want your case discussed with him? Is there something you are hiding from him? Could it be he knows that you are trying to hide something and tried to get the facts because he cares about you?