Is a medical specialist breaking any laws/and or rights when calling a patient a drug addict in a public space of his office? If the doctor has indeed acted in the wrong what would be my options?

Are they actually a drug addict? One that's being treated for drug addiction in that office?

http://www.hhs.gov/ocr/privacy/hipaa...srsummary.html

On the face of it, this would seem to be a violation. Your recourse would depend on whether the statement is true or not. Also how public was this location.

This info has some age on it but it is some of the guidelines John Hopkins Hospital has issued to their staff:

http://www.hopkinsmedicine.org/nursi...udy_packet.pdf

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Originally Posted by ScottGem

On the face of it, this would seem to be a violation. Your recourse would depend on whether the statement is true or not. Also how public was this location.

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It would depend not so much on whether the statement (that the patient was an addict) was true, but on whether the information was gained as part of the treatment given by the medical specialist.

By "public space of his office" I think OP meant an area where other patients were present and in ear-shot.

A violation of HIPAA could result in the specialist and his employer being fined. It is very unlikely (as opposed to slander, which Scott seems to be suggesting) lead to a money judgment for the patient.

You should ask for the practice's Compliance Officer and report the situation and let them handle it. You could also complain to HHS (via their website) and let them potentially investigate. Finally, your state may have laws stricter than HIPAA protecting addiction specifically.

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Originally Posted by AK lawyer

It would depend not so much on whether the statement (that the patient was an addict) was true, but on whether the information was gained as part of the treatment given by the medical specialist.

By "public space of his office" I think OP meant an area where other patients were present and in ear-shot.

A violation of HIPAA could result in the specialist and his employer being fined. It is very unlikely (as opposed to slander, which Scott seems to be suggesting) lead to a money judgment for the patient.

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Whether it's a HIPAA violation or not does depend on how the info was gained. But the OP's choice of recourse depends on the truth of the statement. Yes I was suggesting that, if untrue, a slander case might be applicable. though I agree that it would probably be a long shot.

And, as noted, if it is a HIPAA violation, then the only result would be a fine levied against the practice and medical provider. Or possible termination from the practice.

On thing the OP failed to mention was whether the patient's name was used in this discussion or whether it was general conversation about patient care without using an actual name.

When it comes to doctors offices and being in "ear shot" of other patients, sometimes some information is going to be overheard and at times that can be unavoidable. It's similar to a hospital when you don't have private rooms and two or more patients have to share a room. There is information regarding patient A that will be heard by patient B and that does not constitute a HIPAA violation.