My daugther has asthma and recently I have been slack on giving her medicine. So when her asthma begin to act up, I took her to the free clinic. There are two clinics here and my mother works to other one. So, the doctor had the case worker come speak to me about me neglecting to give my child her medicine. In return the case worker called the other case worker to the location were my mom works and informed her of what was going on and that a dfcas case would be open on me neglecting to give my daugther the medicine. Now everyone is aware of who I am and that my mother works to the clinic. The doctor has talked previous with my mother about my doctor but I never gave the case worker permission to contact my mother on what was going on. Do I have case?

No,

The hospital not only can, but has a legal obligation to call social services if they believe you have neglected to care for your child. This is a seroius charge and would be more concerned about that. And to ad why have you neglected your child ?

Once it is turned over to social services, it is not longer a HIPAA issue in their investigation they may talk to other case workers, your family , your neighbors and more to investigate.

I would hire an attorney soon and since you could easily lose your child over this.

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Originally Posted by Fr_Chuck

No,

The hospital not only can, but has a legal obligation to call social services if they believe you have neglected to care for your child. This is a seroius charge and would be more concerned about that. and to ad why have you neglected your child ?

Once it is turned over to social services, it is not longer a HIPAA issue in their investigation they may talk to other case workers, your family , your neighbors and more to investigate.

I would hire an attorney soon and since you could easily lose your child over this.

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First off chuck, my daugther isn't in ANY danger because she obvious would have already been taken. The case work threathen to open an case. A case has not and will not be open. There is no need for me to get an attorney. The case worker has called an apologize for this situation getting out of hand. If she didn't do anything wrong why call and apologize? The problem I have is that my mother should not have been informed through gossip but through the proper channels. There is not record in her charts of a dfcas case being open

We go on the information given, you post stated you neglected the child,
Your post stated that you had to take child to hospital because of that neglect.

You posted that social service was called.

Gossip is just that, and that gossip was about social services investigation. Because of your actions. There is no case.

I still go with Attorney, seldom do they actually drop cases and may even lie to the person being investigated to get them to drop their guard.

In your second post, you change your story somewhat.

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Originally Posted by serenty1221

first off chuck, my daugther isnt in ANY danger because she obvious would have already been taken. The case work threathen to open an case. A case has not and will not be open. There is no need for me to get an attorney. The case worker has called an apologize for this situation getting out of hand. If she didnt do anything wrong why call and apologize? The problem i have is that my mother should not have been informed thru gossip but thru the proper channels. There is not record in her charts of a dfcas case being open

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"First off, Serenty" (I assume you meant Serenity), where is it obvious that she "would have already been taken"?

I'm not going to be as nice as Frchuck - you put your daughter's life and health in jeopardy by not giving her her medicine (by "slacking off," whatever that means).

At any rate you can always report a violation of HIPAA.

You can, of course, attempt to sue. That will probably encourage CPS to take the child out of your custody.

Are you upset because your mother found out you are negligent, because other people know, something else? My feeling is that your mother was notified in the hope that she could guarantee your daughter was receiving her medicine.

Why would the case worker apologize? Call her and ask.

Is there a vital missing fact here - have you ever used the services of the clinic where your mother works? I'm puzzled why this clinic would contact that clinic if that wasn't your 'regular' clinic. Not because your mother works there!
When you sign the initial forms at any health facility, one of the questions is asking for permission to release medical information to other health facilities and doctors. So it's probable that they had permission. The fact that your mother works there and you didn't want her to know is irrelevant to HIPAA.

My daugther chart has already been pulled NOTHING states anything about a case worker. My daugther had had her medicine once instead of twice a day. She was not being neglected or was she harmed in any manner! My child has had asthma since 3 months! I understand exactly what to do. I don't care if CPS is contacted, as far as I concern they can open an case. And in additional my mother had already knew before they contacted her so no I wasn't trying to hide anything! It's apparent there's a lot of things I missed in this story and you guys are acting as if I'm a bad parent! I don't need anyone sympathy, I've contacted s lawyer since replying to you holes early and he stated I do have a case because the manner they contacted my mother was not in anyway reference to her visit. And even if I did sign the papers for medical release my mother has nothing to do with pediatrics do there's no reason for her to be contacted.

Believe me serenty, you're not getting our sympathy.

Your question was about your HIPAA rights being violated. At what point do you think they were violated. Because your mother was told? You clearly state in your last post that she already knew before they even told her.

I am puzzled as to where this post is going and why it was even created? To me, you sound upset that someone called out your neglect and want to do anything in your power to get back at them.

The fact is this. You neglected your child. However minuscule you may think it is. Asthma isn't something to mess around with, especially at a young age (assumption). You've known and were well aware of the condition of your daughter (since 3 months old right?) and you stopped giving her the appropriate dosage per day.

Are you a docter? Are you a nurse? How can you cut your daughters dosage in half per day? Because you felt like it? Because it was a burdon for you to give her that medicine once more a day?

I think you get where we are all going here. You don't create a post asking for help when you're the one clearly in the wrong here. Child neglect; however misicule in nature, will not be looked upon lightly.

If you're telling the truth about a case not being opened than I hope you have learned a very valuable lesson here. Medicine is prescribed for a reason. It is not your decision or right; even as parent; to take this away from a sick child for whatever reasons.

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Originally Posted by ITstudent2006

Believe me serenty, you're not getting our sympathy..

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Let's see, why did I think you were neglecting your daughter's health?

Oh, I remember. You said: "My daugther has asthma and recently I have been slack on giving her medicine. So when her asthma begin to act up, I took her to the free clinic."

So you cut back her medication to once a day instead of twice based on your medical degree?

The fact that a lawyer initially says you have a case isn't very meaningful right now.
You may find that he drops it and even never calls you back after he looks into it. Happens every day.
Key sentence you said: The doctor has talked previous with my mother about my doctor but I never gave the case worker permission to contact my mother on what was going on.

You don't give individual permission, you give permission to the whole clinic.

I got to chime in here with the others about something else: nothing in life is free, especially free clinics. Your child needed attention because you didn't give medicine twice a day. Saying you 'know what to do' - great! Call an ambulance when she's dying, take her to a 'free' clinic when she just has mild trouble?
Oh, and another thing - you are costing the free clinic more by using it to help out when you can't be bothered to give medicine twice a day, and that means someone sometime at one of those clinics is getting just a bit less attention and care, because the budget can't handle it.
So again - nothing is free, and when you get it for free, someone who really needs the care who didn't neglect their medicine is suffering.
It may seem like a trivial scenario, a minor case, but it isn't.

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Originally Posted by serenty1221

The doctor has talked previous with my mother about my doctor but I never gave the case worker permission to contact my mother on what was going on. Do I have case?

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Ok, lets cut to the chase here. What case? Were your HIPAA rights violated? Well actually your daughter's rights were violated, but as her legal giardian it might be extended to you. This gives you grounds to complain to the OCP. The OCP will determine what punishment if any to hand out.

But my suspicion here is you think you have a lawsuit. And you think you can get money out of the clinic. For that you have no case. The legal penalities for a HIPAA violation are fines or sanctions imposed by the OCP. There are no provisions for compensation for the victims.

So that answers your question. But frankly, I'm appalled that you are more concerned with trying to get money or even protecting your reputation as a mother then about your potential compromising of your daughter's health.