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

    Nov 17, 2007, 09:45 AM
    HIPPA violation?
    Hi,

    I am having a lap band surgery performed in mid December. I work for a surgeon who happens to be the chief in the department. After informing him and my supervisor of my surgery, he called his lover and told him of my upcoming surgery. He then had him call me and try to talk me out of it because I wasn't "that big". Since then he has made several jokes about my weight in front of all his residents, and even went as far as telling me maybe I should eat all the Krispy Kreme doughnuts and I then I would be big enough to get a gastric band procedure. I am wondering what my options are and the correct way to go about it.

    Sarah
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Nov 17, 2007, 09:52 AM
    It is not a HIPAA violation because he is not your surgeon for the procedure. He is merely your employer and you offered the info.

    Now, had he gone to the hospital looked up your records and then gave out the info, THAT would be a HIPAA violation.

    OR

    If he was your surgeon for the procedure and told people about your procedure.

    However, he is your employer and you gave him the information willingly. So, I am sorry, but there is no violation here.
    SarahLeeAnn's Avatar
    SarahLeeAnn Posts: 3, Reputation: 1
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    #3

    Nov 17, 2007, 10:02 AM
    That is kind of what I thought. I have all of the instances documented and one other instance where he threw papers in my face and called me stupid. What options do I have, legal or otherwise?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Nov 17, 2007, 10:06 AM
    Quit your job? Legally you don't have a leg to stand on since you volunteered the information to him. He did not go about looking up your records (that would be a violation), he is not your doctor (that would be a violation), he is merely your employer and you gave him info that he really did not need to know.

    Have you tried talking to your Human Resources Director? I would start there.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 17, 2007, 10:13 AM
    I agree with J9 why does everyone want to sue someone, you work for a lousy boss, so you quit and go somewhere else.
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #6

    Nov 17, 2007, 10:53 AM
    He threw papers in your face and called you stupid. Okay, that is not professional conduct. What happened before he threw the papers in your face? What lead up to this?
    Yes, you can report his conduct to your HR department. What do you want to happen to this surgeon? You want him reprimanded? You want him disciplined? You want money out of him for what he did and said. Well, lots of luck getting that done. It is not going to happen.

    If there were no witnesses to him throwing papers in your face and calling you stupid, it will be your word against his. I am real curious to know what all happened that caused him to throw papers in your face.
    SarahLeeAnn's Avatar
    SarahLeeAnn Posts: 3, Reputation: 1
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    #7

    Nov 19, 2007, 04:33 PM
    For starters, I never said I wanted to sue, I never said I wanted money. I have an extremely good job, with equally good reasons to stay. Anyone who lives in the real world, knows you cannot just up and quit your job. I WANTED to know what my options were. I contacted the appropriate people today at work, and although it is not a HIPPA violation, he did violate my rights on many different levels.

    So thanks for advising me to be as irresponsible to myself, my family, and my coworkers to quit my job and go find something else, but no thanks. I think I'll stay and fight for my job.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #8

    Nov 19, 2007, 04:36 PM
    Look, read your posts again. Most people coming here with HIPAA violation questions want to sue. Nowhere, until now, did you mention you did not want to sue. So, understand that we can't read your mind.

    Then you ask this question

    What options do I have, legal or otherwise?
    So, again, sounds like you want to sue. So we advised that you do not have a case and if you are that unhappy, quit your job.

    Nowhere, until now, did you mention that you had a family.

    If you want different answers, you need to give us ALL the information. Do you see now why we answered the way we did?
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