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Nosey abusive grandma and the jerky exhusband and the kids stupid schrink
I have a son who is going to a doctor for adhd. I have told them not to give any info to my parents about his condition since my mother started stealing his meds. I got a pfa on her but she got my son's deadbeat dad who has not seen him for over 2 years to sign a release saying she could get info from the doctor. The doctor talked to her about my son and then cheerfully brought it up after not knowing how big of a deal this was. Our private nurse that handles my son's other conditions said that it is a breach of hippa and I can sue them. Can I sue them? They have done this more then 4 times now and I want her and them to pay for the crap we are dealing with because of it.
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When filing for a breach of HIPAA, there is no monitary award to you. The doctors office then pays a fine, but you don't see any money.
However, I don't see a HIPAA violation here, with the amout of info given. Your ex may be a deadbeat, that's not for me to judge, however unless he has court orders not to participate in any of your son's medical care, in any way, he was within his rights to give medical release to your mother. |
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First, immediately change doctors.
But J_9 is correct. The question is what the status of the father is. Were you married and divorced? Are there any court orders awarding custody? As long as the father can be shown to have, at least, joint legal custody, he has a right to authorize sharing of medical info. So the doctor didn't violate HIPAA, though his ethics can be questioned. Ans, has pointed out, HIPAA violations are not a civil issue. You cannot sue over a HIPAA violation, you can only report it. |
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The protection from abuse order stated that she cannot have any info from doctors and third parties. A pfa here in PA is the states version of a restraining order. The doctor was given instructions from the fort to not let anyone thee then my exhusband or myself access the information. I don't care so much about money I just have had it egg this place.
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