Please if some one can help me. I know the HIPPA Law was broke in my case but I need a lawyer who isn't afraid to fight my hospital. Can some one direct me please.

My son read my diagnosis in the hall of my hospital on a rolling computer when he was 11 and one nurse told a friend of mine of my diagnosis he told me later that she told him because he was visiting me with his little girl he only saw me because he happened to be visiting his mom.

Last visit they breached by hollering a cross the blood lab where a certain from was while others where in door way waiting on their labs.

Greatly Appreciated
BJ

[QUOTE=ladybj]Please if some one can help me. I know the HIPPA Law was broke in my case but I need a lawyer who isn't afraid to fight my hospital. Can some one direct me please.

My son read my diagnosis in the hall of my hospital on a rolling computer when he was 11 and one nurse told a friend of mine of my diagnosis he told me later that she told him because he was visiting me with his little girl he only saw me because he happened to be visiting his mom.

Last visit they breached by hollering a cross the blood lab where a certain from was while others where in door way waiting on their labs.



How long ago did any of this happen? And just what and why did someone scream across the blood lab?

They actually said where is the HIV consent form where others heard and also took mine and my husbands blood before signing consent form.

I actually filled papers with hospital and they turned me down. All my trouble run from 2004 until now last incident was Dec. 07. So now I got to get a lawyer.
Not for just my rights but mine and my peers.
BJ

Your troubles from 2004 are most likely past the statute of limitations. If it did not cause any physical harm to you many areas have a statute of limitations of one year from the date of discovery of the malpractice in question.

Now the one in 2007, I'm not sure why that's so big of a deal... many people get HIV tests done yearly. Also, was it stated by the lab tech that the forms were for you and your husband? Were there non-hospital personnel around?

Yes there were 3 employees in lab and I do believe one who hollered was a head lab tech not quite sure on that but the thing is my husband is negative and I'm positive and they just disregarded us and our confidentiality. Also other incidences has happened the one of the nurse telling my diagnosis was 2006.
Also they let me fall off a MRI bed they left me pulled and I was on meds for sedation and I just fell off. Just crazy stuff keep happening and not all will take on this battle due to the stigma but since they breached my confidenetialy in 2006 I now have to take a stand.
Went to doctor once again for some lab work and lady didn't know if I could use same blood pressure cup and thermometer, thermometer has an individual cap on them.
Just too much going on.
Not here to complain I just need help.
Thanks BJ

O I failed to mention they everyone was aware it was for us because one nurse stated aloud you can't take the blood work with out the HIV form and she had already taken mine with no consent and took my husbands blood with out consent then got us to sign.

Thank you for taking the time to help me.
God Bless

Okay, if there were only lab techs in the room, your confidentiality was not breached. It would have been breeched if there were other patients in the room, but since there were only lab techs your rights were still protected.

Are these all different doctors?

Also, it is HIPAA, not HIPPA. Second of all, you will have to prove that there is some kind of permanent mental or physical damage that occurred in order to win your case. Malpractice suits are EXTREMELY expensive and can tend to drag for years as the doctors and hospitals have mega lawyers on their side.

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Went to doctor once again for some lab work and lady didn't know if I could use same blood pressure cup and thermometer, thermometer has an individual cap on them.

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No big deal, she may have been a new employee and not sure about the policy of that health care provider.

I stated earlier there were other patients waiting in the door way which they should had lab door closed.
Yes people make mistakes and mistakes can be forgiven but neglegence can't be.
My son didn't know of my diagnosis nor did my friend who found out in 2006 of my diagnosis. My nurse had no right to tell him only because he was going in with his daugter.
I wasn't contagious to no one, you can't get HIV from the air.
Exactly about nurse not knowing protocol so that's why I approached the head of Dr. office and not the nurse it was clinics fought.
BJ

Also you know I want to mention that I also tried to help re educate the hospital and they felt they didn't need it so OK this is what myself as an advocate is trying hard to avoid -- you don't know the mentalitly of a newly diagnosised HIVer it could be some one is feeling worthless and suicidal and not caring at all and one of these incidences I have been through and the wrong HIVer is going to go off on some one and kill them or themselves.

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Originally Posted by ladybj

O I failed to mention they everyone was aware it was for us because one nurse stated aloud you can't take the blood work with out the HIV form and she had already taken mine with no consent and took my husbands blood with out consent then got us to sign.

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I'm just playing devils advocate here, okay. I used to work for a malpractice attorney and I was the one who decided whether we would take your case (the patient). We did NOT work for the doctors.

Now, the defense attorneys (lawyers for the doctors/hospital) would ask how you could prove that they took the blood prior to consent. Did your doctor order the blood test? Is it in a chart at the doctor's office that you consented.

You see, there has to be two signatures... one consenting for the test, the other when the blood is taken. Those two signatures may be in two different files in two different locations.

Now, what permanent damage have you suffered?

It is abusive to me and my negative husband to have some one hollering out my diagnosis everyone knew I'm getting and HIV because of her words. I live in a small town and this stigma that surrounds the virus isn't cool.
Veryyyyyy painful to endure, I endure enough with out the outsiders abuse.
HIV is no joke to live with. And I'm going to pursue this issue I will at least be around another 10 yrs and it is the principal of it. I'm not white trash, I'm an awesome wife and mother and I'm a child of God so I know God has seen me this far he will see me the rest.
But before I was always to sick to fight my own battles but I'm here to stay and help make this a better world for my kids and family and my peers.

Please relax, while I am on your side here, I am also showing you the legal side of it. I was a med/mal researcher, I am now a nurse (well, will be full fledged nurse in 2 1/2 weeks).

Since the only people in the room were techs, they are sworn to your privacy. If you can prove that any of them spoke about your tests and/or condition to anyone outside of the hospital, you may have a case.

No one ever accused you of being white trash, hun. I have been tested yearly for over 20+ years now because my ex had multiple transfusions in the 80s when the blood banks were found to be infected with HIV.

I'm just trying to show you how the legal system works.

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Originally Posted by ladybj

O I failed to mention they everyone was aware it was for us because one nurse stated aloud you can't take the blood work with out the HIV form and she had already taken mine with no consent and took my husbands blood with out consent then got us to sign.

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Calling out about the HIV form is no big deal, at least not in my area. I needed an HIV test to volunteer in a nursing home - there was a discussion about what form was needed and HIV test was specifically mentioned. Also had to have TB test and some sort of veneral disease screening.

I think they were overwhelming careful but those were the rules -

It has to rise to a HIPAA violation. Have you read the HIPAA rules/regulations on the Internet?

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Originally Posted by ladybj

I stated ealier there were other patients waiting in the door way which they should had lab door closed.
Yes people make mistakes and mistakes can be forgiven but neglegence can't be.
My son didn't know of my diagnosis nor did my friend who found out in 2006 of my diagnosis. My nurse had no right to tell him only because he was going in with his daugter.
I wasn't contagious to no one, you can't get HIV from the air.
Exactly about nurse not knowing protocol so thats why I approached the head of Dr. office and not the nurse it was clinics faught.
BJ

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I'm combining all my answers into one post (I think). I'm speaking purely from a legal perspective:

I am surprised that you never told your adult son (at leat enough adult to have a daughter) that you are HIV positive. Isn't it suggested that you tell family members so they can protect themselves in the event you are injured and bleeding. I wouldn't say you weren't "contagious to no one."

The only way to set people straight about HIV - and AIDS for that matter - is education. Don't tell, they'll never know and they could be at risk.

You also say something about suing to educate the hospital and make the World safer for your peers - if you aren't suing for the money, I'd drop it because medical malpractice cases are EXTREMELY expensive and difficult. I don't know what independent witnesses you have to all of this but if it's your word against theirs you have a problem. If you already tried to pursue this directly with the hospital you have probably inadvertently made statements that are going to seriously hurt you in Court. Unfortunately they are NOT on your side and their questions are NOT phrased in a manner which will help you.

Good luck on whatever you decide to do.

Congrat's on your new degree.

No sorry I didn't mean to come across defenisvely but just so much happens to me and my peers and the hospital just continues to do the same.
Universal precautions everyone should take not just with the HIVers. I received blood in the early 80's also. I never had no one telling me of condoms and such diseases. I truly didn't know there was something out there that Ajax and a penicillin shot wouldn't handle.
But hospital did tell me to bring in my witness that I was totally turned down lol.

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Originally Posted by ladybj

But hospital did tell me to bring in my witness that I was totally turned down lol.

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I'm sorry, but I don't understand this statement.

The 80s was a terrible era for medicine when it comes to HIV. However, hun, your rights were not violated when it comes to this issue.

Rather than being so angry, why don't you turn it around to educate. Be proactive and help people, teens, young adults, learn how to protect themselves. You see, those that educate best are those who have suffered.

I am outspoken about breast cancer... why do people listen to me? Because I am a survivor. I talk to teens and young women about the importance of self-exams.

Now, I could be angry and self-destructive because I found a lump 3 years prior to the surgery and the doctor I went to brushed it off as a fibroid when in reality it was cancer, but rather than live in anger and hatred, I teach women how to be proactive with their health, how to make doctors listen to them when they have complaints.

Turn your anger and frustrations into education. Help teach some young girl how NOT to get this disease you suffer from. I assure you, you will change lives, and your legacy will live on in those whom you have helped.

Sorry meant totally not denied the last statement was give us witness names I told them OK.
And I believe in staying positive, I do advocate and help my peers, I just gave a presentation at a Baptist Children's Home where I was as a teenager. I was able to reach a lot of young adults. By me saying something this time to the hospital, well this time I took action I have been poz since June 21, 1999 and believe you me I choose my battles and I always complain to hospital and not trying to get people in trouble just re educated but now they will listen and I won't get another unsympathetic apology.
Maybe nothing or something will come of this but what ever I get I know I will give my peers and my community at least 10%.
But at least I tried this isn't for revenge this is so they will stop alllllllllllll of the abuse they give HIVers in my community and no more unexspected deaths from neglegence.

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Originally Posted by ladybj

Sorry meant totally not denied the last statement was give us witness names I told them ok.
And I believe in staying positive, I do advocate and help my peers, I just gave a presentation at a Baptist Childrens Home where I was as a teenager. I was able to reach a lot of young adults. By me saying some thing this time to the hospital, well this time I took action I have been poz since June 21, 1999 and believe you me I choose my battles and I always complain to hospital and not trying to get people in trouble just re educated but now they will listen and I won't get another unsympathetic apology.
Maybe nothing or some thing will come of this but what ever I get I know I will give my peers and my community at least 10%.
But at least I tried this isn't for revenge this is so they will stop alllllllllllll of the abuse they give HIVers in my community and no more unexspected deaths from neglegence.

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You have now presented another problem to a proposed lawsuit - if you are out and about, discussing and acknowledging your HIV condition I don't think you prove you were damaged by anything said by medical personnel. How would anyone sort out where they heard the information - if they heard the information and thought less of you? Also concerning your son and Granddaughter. You didn't want them to know; however, you are doing public speaking on the subject. I think you have some problems with your proposed lawsuit.

If you can prove people in your community are dying of abuse and/or negligence then by all means go forward. But be aware that any unfounded accusations could very well bounce back into your face.

Again - if you are suing to teach someone a lesson here, unless you have a ton of money to burn it isn't going to happen. So find a malpractice Attorney - or a second or a third - and pursue the matter.

I'm really confused about what HIPAA violation was made. HIV consent forms are commonplace. While Active Duty my hubby had to be checked annually and any woman giving birth at an Armed Forces medical facility must consent to a HIV check to deliver.

A nurse just gave out that kind of information to a stranger (your friend) about you? Would your friend swear to that - or did he hear it from the gossip grapevine and blamed it on some anonymous nurse? Your son is adept enough to read a medical diagnosis at age 11? He's destined for the medical profession.

I'm sure there is an attorney out there somewhere that will sue on your behalf. Truthfully, I don't see where you suffered any harm.

I know all of this seems a little much.

My son knew I was HIV + but he didn't know I had toxoplasmosis and AIDS he read it from the computer the nurse left in the hall with my information on it.
I didn't know if I was going to live or die. When I first found out I stated well I don't have AIDS and I not in the end stage.
Well when finding my diagnosis on the computer my son told me and I let the nurse know what she did wrong and I reported her and told her I was. Only to educated not to have her fired.
THEN was not the time to be talking to my son heck my Doctor even stated he didn't know if I was going to die.
Now the nurse with my friend she had no right telling my friend - I hadn't seen this friend in a few years until he saw me in hospital and when I got home, my friend happened to move across the street from me and he then told me what the nurse told him. He didn't even know.
Crazy things always happening like one nurse put ID band on my wrist so loose so not to touch me and ID band kept falling off. Lol craziness.

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Originally Posted by ladybj

I know all of this seems a little much.

My son knew I was HIV + but he didn't know I had toxoplasmosis and AIDS he read it from the computer the nurse left in the hall with my information on it.
I didn't know if I was going to live or die. When I first found out I stated well I don't have AIDS and I not in the end stage.
Well when finding my diagnosis on the computer my son told me and I let the nurse know what she did wrong and I reported her and told her I was. Only to educated not to have her fired.
THEN was not the time to be talking to my son heck my Doctor even stated he didn't know if I was going to die.
Now the nurse with my friend she had no right telling my friend - I hadn't seen this friend in a few years til he saw me in hospital and when I got home, my friend happened to move across the street from me and he then told me what the nurse told him. He didn't even know.
Crazy things always happening like one nurse put ID band on my wrist so loose so not to touch me and ID band kept falling off. lol craziness.

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Okay, here's my problem with all of this - up to now it was HIV. Now it's AIDS. Toxoplasmosis can be serious when your immune system is compromised; however, it's hardly a shocking or unusual diagnosis.

Quite bluntly I think you have turned your anger at your diagnosis into anger at the entire medical profession - apparently no one has handled your care to your satisfaction and you have made allegations about problems from loose wristbands to not being able to figure out a thermometer. I am certain that if Attorneys don't think you have a case you will also dislike the legal profession in general.

It is not the fault of the medical profession that you AID - or HIV.

I truly don't know what you need or want but apparently the (very good) information you have received here from some very knowledgeable people has simply upset you more.

I have to agree with Judy here. Sorry Judy, but had to spread some more around.

I thought your son was 11, most 11 year olds can't read "toxoplasmosis"

And the wristband, so what, you ask the nurse to tighten it if it keeps falling off. No harm done there. Actually the harm would be if the band was too tight.

As a med-mal researcher for attorneys for the patient, I would have to say that due to the inconsistencies in your story here, none of the attorneys I ever worked for would take this case. Particularly because, with most of your allegations, the statute of limitations has run out.

You only have, in most states, one year from the time of the insult or injury to file a case. If filed today, anything before April 15, 2007 would be dismissed by a judge anyway.

Yes I see you all agree lol. This is more than just a few complaints. Up to now I have always been to bad off to argue any thing. I live in a roural community and I'm sticking to this battle. I do choose my battles careful don't have time or energy to play with any one BUT I do have to pursue these issues and mostly more than a monetary value is to re educate the hospital on universal precautions and the mind set of newly diagnoised people. I have had others to tell me to pursue this. If I can get the medical professions taking a different approach with HIVers I may save some ones life. Its an extremely hard road and no one ask for HIV.
(It is my choice who and when I tell my dx) I shouldn't have my little boy reading about me on a computer in a hall where he had no one to explain what he just read. Yes I have suffered from all this abuse that is why I do advocate for myself and others now.
If the hospital used universal precautions with everyone and not just HIVers I wouldn't be having this conversation.
And heck yeah nurse shouldn't told my friend of my dx either. Wasn't none of his business what I had. She over stepped her bounderies.

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Originally Posted by ladybj

Yes I see you all agree lol. This is more than just a few complaints. Up to now I have always been to bad off to argue any thing. I live in a roural community and I'm sticking to this battle. I do choose my battles careful don't have time or energy to play with any one BUT I do have to pursue these issues and mostly more than a monetary value is to re educate the hospital on universal precautions and the mind set of newly diagnoised people. I have had others to tell me to persue this. If I can get the medical professions taking a different approach with HIVers I may save some ones life. Its an extremely hard road and no one ask for HIV.
(It is my choice who and when I tell my dx) I shouldn't have my little boy reading about me on a computer in a hall where he had no one to explain what he just read. Yes I have suffered from all this abuse that is why I do advocate for myself and others now.
If the hospital used universal precautions with everyone and not just HIVers I wouldn't be having this conversation.
And heck yeah nurse shouldn't told my friend of my dx either. Wasn't none of his business what I had. She over stepped her bounderies.

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Well, after you retain the Attorney and win the lawsuit, please come back and let us in on the details. I'll be interested in whether your lawsuit changes the medical profession's approach to HIV - several people have explained the pitfalls in your proposed suit and the counterclaims but I guess you didn't really post to get advice, you just want to vent. And that's okay, too - perhaps on another board, but, hey, you're already here.

I'm also confused about your son. I thought he was an adult, with his child, when something was said to him.

And remember you are out of Statute for anything prior to a year ago today and that will change to a year prior to whatever the filing date on the lawsuit is.

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Originally Posted by ladybj

My son read my diagnosis in the hall of my hospital on a rolling computer when he was 11

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Most 11 year olds don't understand the medical language, this is really surprising that your's did.

Again, the statute of limitations has most likely run out. I don't know of any attorney that will take this case.

I'm sorry, but you dragged your heels too long. Once that statute is up, it CANNOT go to court.

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Originally Posted by JudyKayTee

Well, after you retain the Attorney and win the lawsuit, please come back and let us in on the details. I'll be interested in whether your lawsuit changes the medical profession's approach to HIV - several people have explained the pitfalls in your proposed suit and the counterclaims but I guess you didn't really post to get advice, you just want to vent. And that's okay, too - perhaps on another board, but, hey, you're already here.

I'm also confused about your son. I thought he was an adult, with his child, when something was said to him.

And remember you are out of Statute for anything prior to a year ago today and that will change to a year prior to whatever the filing date on the lawsuit is.

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Yes I was here looking help in which direction to take with a lawyer. But I will report back. My son who read of my dx was 11 which he knew I was HIV but didn't know I had AIDS or Toxo until he read it on PC where my nurse left my informatio on PC.

Other incident was where my nurse told my friend and his little girl before he entered my room and I can't understand why.

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Originally Posted by ladybj

Yes I was here looking help in which direction to take with a lawyer. But I will report back. My son who read of my dx was 11 which he knew I was HIV but didn't know I had AIDS or Toxo til he read it on pc where my nurse left my informatio on pc.

Other incident was where my nurse told my friend and his little girl before he entered my room and I can't understand why.

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I know, you told us. I don't understand why the "toxo" diagnosis was a problem.

The others are out of statute, of course, but the recent problems are not. I thought the Nurse told your SON and his little girl (your Grandchild) so I was certainly confused there!