Ask Me Help Desk - Chiropractor violated my privacy act..

Chiropractor violated my privacy act..

I was in a car accident almost one year ago next week. I was seeing my chiropractor that I've seen before the car accident. One day I went in and he asked me who hit me and I told him I didn't want to tell him. So a couple day's go by and he told me he knew who hit me. Now at this time he tells that I'm not going to get any settlement from because he is very very good friend with the older sister. So one month went by and I started going to another chiropractor. So 7 month's after the accident the insurance company asked for previous record from my old chiropractor and then I got a very small offer. So I asked my lawyer what did my chiropractor say in my records and she said that I came in 09' of neck pain and mid back pain. Well right there I knew that was a lie because I've never complained of mid back pain at all. Right now I fighting with low back pain. I just want this to end but he's getting the better part of this. So he had to found out about who hit me by the older sister and they had to strike up a conversation about me for him to know it was me. So do you think I have a hippa violation or privacy act. You can go to Youtube and see my accident there "Burnett Store,Crash" and it was a 14 year old girl that hit the wall.Thanks Peg

While there may be a HIPAA violation you would be hard pressed to prove it. Even if there were a violation it would only mean a fine against the chiropractor. HIPAA does nothing to reimburse the victim.

However, if he falsified medical records as part of a law suit, that's a different matter and a potential law suit. But again, you would need to prove it. Talk to your attorney about this.

Quote:

Originally Posted by dancerpeg

... So I asked my lawyer what did my chiropractor say in my records and she said that I came in 09' of neck pain and mid back pain.
...
So do you think I have a hippa violation[?]

It looks to me that your lawyer is referring to records disclosed to your lawyer as a part of the lawsuit. You would have signed a release, or they would have been subpoenaed. Either way, that would be proper under HPPA.