[ianpreston]

My son went through a special diagnosric clinic at our hospital to diagnose an autism spectrum disorder. We spoke with 5 different doctors, therapists, etc and then they all got together discussed his case and came up with his diagnoses. During the interviews my husband and I gave information regarding health issues, mental health issues, drug use, alcohol use, sexual abuse, etc. A few weeks later my son had a regular doctors appointment and when I went to verify our address they had our old address which is my parents house. I asked them to change it. He had another appointment a week or so after that and the address was not changed. I asked them to change it and asked how it got changed back to my old address in the first place which they could not tell me. In the meantime we were waiting for results from the diagnostic clinic. LIttle did we know that my parents had received the packet with the info we had given, the doctors thoughts on the matter, and the diagnoses for my son. They opened it as it was addressed to them Mr and Mrs X. My son's last name is X because I was not married to his father. I married someone else so our last name is Y. It is clearly stated in the paperwork that my sons parents are Mr. and Mrs. Y. Do I have a case for negligence? Privacy tort?

[JudyKayTee]

You can only sue for monetary damages - what are your damages? How has this changed things in your life (or his)? I realize how upsetting this is but it boils down to suing for money only.

This is certainly a HIPAA violation.

[ianpreston]

It hasn't cost us anything in monetary terms. What is has cost is the nature of my relationship with my parents, and a general distrust I have of the medical profession. The problem with HIPAA is that what they do is they fine the hospital or whoever is found to be at fault, but the person whose privacy has been violated sees nothing. Not even an apology is required. Nothing is done to ensure that it doesn't happen again or to anyone else. They already have rules in place to try to make sure these things don't happen, but when it isn't taken seriously, nothing changes. Why would a multi billion dollar establishment care to make a change if they are slapped on the wrist with a 1500.00 fine? My life is changed because of this, but there is no way for me to get them to make it right? Got to love the system...

[JudyKayTee]

Consult with an Attorney - I'm not terribly clear about why your parents opened the mail but it would appear that they violated your privacy. Yes, I'd be angry and upset. I don't know that nothing changes when it's a HIPAA violation - facilities are fined, they incur legal fees.

If what was in the report was the truth but confidential, then you would discuss that with an Attorney and see what happens.

Not the same thing BUT concerning Attorneys - my late husband and I wrote new Wills. "By mistake" the secretary mailed the drafts to my husband's daughter who hit the ceiling because of the changes he made.

It caused a great deal of estrangement. I had no case.

Not the same thing but I think I know where you are coming from.

Only way to know is to pay for a consult with an Attorney.

[Fr_Chuck]

Yes, the parents would have some liablity also, to be sued

[ianpreston]

Well my parents opened the mail because it was addressed to Mrs. and Mr. X which is their name. My name is Mrs Y. My son has my maiden name which is X. So I don't think they have any liability there as it was sent to their house addressed to them. Thanks everyone for your help. I have called my attny and am waiting to hear back.

[JudyKayTee]

Please come back and let us know - not trying to put your parents in the middle but once they realized the mail was not theirs, why did they keep reading?

This is the problem with family secrets - when they come out, it's brutal. Was whatever they learned shocking to them?