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    greeneyes76's Avatar
    greeneyes76 Posts: 3, Reputation: 1
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    #1

    Jun 10, 2007, 05:21 PM
    Hipaa Law Violated
    I just found out yesterday that a coworker violated my civil rights at work. I was out a day at work due to an illness, and my friend at work noticed another medical worker get upset as to why I was out, she then punched up my name in our office computer (I work in a family practice), she looked for my chart # went to medical records ,got my chart, then proceeded to read in my chart. She told my friend, " I want to see why she is out and what meds she is taking. My friend told her she could get in trouble for that , but this coworker did not care. My friend struggled to tell anyone because she did not want to lose her job. But when she finally did, the practice manager and the head doctor swept everything under the rug. This worker has not received any penalties at all. Now my friend has been getting treated very badly and the practice manager is telling my friend that it's all her fault for all the B.S. that is happening at the office. And that if she feels uncomfortable working there that they will give her a recommendation. By the way, the office doesn't even know that I know my rights were violated. Now I have contacted a lawyer, they are getting back to me tomorrow. Is there anything else that I can do to nail these people to the wall for not doing anything about this?
    Thanks all advice is welcomed.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,272, Reputation: 7690
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    #2

    Jun 10, 2007, 05:41 PM
    The only person who violated the law was the medical worker who looked up your charts. Since they as a medical worker has access to medical files. ( and remember sharing medical files between medical professions are allowed under Hippa, there is no release needed for one medical professional to view the records of someone) Our medical staff at my old office always gets records on patients from other doctors.

    But if this worker was working at that office, and this office had your records. The office did nothing wrong, it is this other worker.
    And did this worker as a worker there have legal access to look at medical records at this company?

    But no your company is not at fault at all from my belief, And unless now this worker telling others would be,

    Yes, perhaps have a long talk to your attorney, of course if you are paying, they will try anything I am sure, but get a copy of Hippa out and read it, I doubt if you were not set to hurt them, you would see it different.
    And of course I doubt you will have a job after you go after your place of work,
    greeneyes76's Avatar
    greeneyes76 Posts: 3, Reputation: 1
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    #3

    Jun 10, 2007, 05:58 PM
    Well the medical worker did read what was in my chart, and then repeated everything to another worker about me going on medical leave and what I was taking for stress and anxiety.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,272, Reputation: 7690
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    #4

    Jun 10, 2007, 06:40 PM
    Yes and the medical worker can be held liable for doing this, but not the company she works for, since she has legal access to medical records, but looked at yours without permission.

    Again this is my opinion from dozens of Hippa classes, but of course what do you want from this? If you want a criminal case, you need to talk to the DA and get them to follow up, If you want to sue your co-worker for money, do they have any?? Do they have some workers liablitiy insurance that would pay ? Sueing people is great, but only if they have money to collect.
    greeneyes76's Avatar
    greeneyes76 Posts: 3, Reputation: 1
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    #5

    Jun 11, 2007, 02:31 PM
    So what is the best thing to do through the resources that I have at work? Who is the best person to go to if I can't go to the office manager of the clinic. I already know I can't do too much legally through the courts because there hasn't been any damages done by this, but she should at least get in trouble for this. Should I go talk to an administrative officer, or human resources. I do want to tell the Doctors because I think they haven't gotten the full story.
    sunSshine's Avatar
    sunSshine Posts: 1, Reputation: 1
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    #6

    Oct 25, 2012, 04:54 PM
    Since the one who looked at your records was not acting on a Need to know basis for your health; or the doctor didn't need the record for any reason. She can't give reason why she was in your record. I would file against her. You must make sure your friend will speak up at court time. Because the others may stick together, and say records were asked to be pulled for some reason. Please check all loop holes

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