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    ramchaza's Avatar
    ramchaza Posts: 1, Reputation: 1
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    #1

    Feb 21, 2011, 05:53 PM
    Can I sue for privacy violation?
    I was injured at work, went to the hospital, then the company health care facility. I returned to work immediately, giving my supervisor paperwork from the E.R. I was given pain meds at the E.R. It stated on the form "can lower alertness". I was also prescribed ibprophen for swelling.

    The next week I was waiting for my son to bring me an Rx at work, asked for permission to use supervisor's phone as we were working in a different part of the building & wanted to tell my son where I'd be. I left a message for my son to not forget to deliver my Rx. Another Supervisor was in the office and when I got off the phone she stated "You can't take that at work". I had never said for what or from whom the Rx was from. I told her it was for Ibeprophen for swelling. She turned to the other supervisor and said "they don't prescribe that for swelling". She just assumed I was lying to her, and immediately didn't believe me.

    I walked out of the office at that point and up to the security desk, I had asked the security guard to call my supervisor when the Rx was delivered. The security guard said the Rx had been delivered but that the supervisor had told him I couldn't have it at work, then the guard asked me what it was for.

    I went to my Manager the next day about the supervisor's reaction. He denied she'd talked to the guard. I stressed to him that she had immediately not believed me about what the Rx was for but of course he wanted to believe her. They had called the doctor's office where I'd gone after the accident and told me they knew the Rx written was for hydrocodone. They had no idea what the Rx delivered to me at work was for, what Dr or what pharmacy. They didn't believe me it was for ibprophen.

    My husband works at the same place, and a "group lead" from my dept. went to him and asked why I was upset. She had been in the office when my supervisor talked to the security guard.

    The next week I was involved in a situation with another employee, leading to me being terminated. I expected this as I knew they wanted to get rid of me because of the situation with my supervisor. I asked at the termination if they would contest my unemployment and was told they had no input into that.

    About an hour after I was terminated the H.R. person called me and told me they would change the "termination" to "mutial agreement" so I could get unemployment and wouldn't take other money from my final paycheck if I would sign an agreement that I wouldn't sue them. She wouldn't say anything else other than I should have an attorney look over the document. I'd already filed an unemployment claim.

    What can I sue this company for? I believe they have also violated Hipaa regulations as well as privacy rights. They are clearly worried I will sue them.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Feb 21, 2011, 06:16 PM

    If you were involved in an injury accident then they are worried that it could come back on them. So in signing the paperwork it's a waiver for any future settlement for the injury you had received.

    Without seeing the document that would be my guess.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Feb 21, 2011, 06:19 PM

    Since the company you worked for was not your medical provider they did not violate HIPAA. HIPAA stands for Health Information Portability and Privacy Act. In essence it forbids your medical providers giving out your medical information.

    That girl that said that ibuprofen is not given for swelling is an IDIOT! As a nurse, I give it all the time as it is a non-steroidal ANTI INFLAMMATORY! It's the #1 medication given for inflammation and swelling.

    Did you sign that agreement saying that you wouldn't sue them?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 21, 2011, 07:35 PM

    You can't sue for a HIPAA violation since HIPAA wasn't violated. You can't sue for a privacy violation since I don't really see how your privacy was violated. You can't sue for wrongful termination since the termination was a result of the second incident. Especially if you are in an at will state.

    I think HR was just trying to prevent the expense of dealing with a suit, not any concern over losing a suit.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Feb 21, 2011, 07:36 PM

    Also since the medication would be required to be in the bottle from the drug store, you should have merely shown them the bottle and what it was.

    I am assuming you did not have someone bring you a unmarked medication in some baggie to your work place.

    But I don't understand why you did not call your manager when the guard said you could not have it. Right then, right there and clear it up.

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