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New Member
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Aug 3, 2013, 02:57 AM
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Is it a hippa violation if a consulting dr. berates me within hearing distance of oth
I was in the hospital and a consulting Dr. I never saw before was brought in to evaluate treatment for blood clots. He works for the same clinic that my treating Dr. works for but in a different state and office. Kansas City Kansas/Kansas City Mo.The consulting Dr. was professionally aloof,however my treating Dr. was giving me free samples of a very expensive drug which the consulting Dr. informed me was against the Cancer clinics policy and proceeded to .berate my treating Dr. and myself and humiliated me and made me feel like I was a freeloader and he did this within hearing distance of the patient next to me in the other bed. The only thing between us was and the patient next to me was the curtain.I can not convey the body language and tone of his voice but it was very demeaning. He further stated that the Doppler was not a definitive test and that the hospital and I over reacted. The Doppler revealed two new clots above the right knee and the Kat scan was inconclusive, It appeared three might be a clot or it was an iodine glitch. This was done in the emergency room. When I asked if the test was to be redone the Dr. in emergency said no as they were going to treat me as if I had a clot in my lung. I stonily feel the consulting Dr had no right to berate me nor did he have the right within hearing distance to divulge information from my file nor his criticisms of my treating Dr. and the hospital where it was clearly heard by the patient in th hospital bed next to me. Did this consulting Dr. violate my Hippa rights.
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current pert
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Aug 3, 2013, 03:13 AM
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HIPAA doesn't encompass this sort of isolated 'talking' event within earshot of other people, and doesn't award damages to people like a civil court for personal harm. It's about conditions under which medical information is transmitted, mostly electronically, between facilities or within one facility (and that would also mean not using the paging system to tell you your medicine is ready, but not requiring a soundproof booth to discuss the drug). Medical staff aren't expected to whisper when there is nothing but a curtain between beds. It may have been rude and hurtful, and you could certainly complain in writing to the administration. You can certainly try a civil suit for $$ damages but would have to prove how you were harmed, and that will be impossible. The person in the next bed probably doesn't even remember it.
Keep in mind that you got an extra consult at great expense. Hospitals track what each doctor does, and call them on the carpet if they spend too much. The days of unlimited care are over. The medical community is in an uproar as costs spiral out of all reason. We all want medical care but few are willing to pay for it, Medicare doesn't cover it all and has limits, Medicaid is just welfare, company insurers are limited too, so we are all paying for tons of it with taxes.
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current pert
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Aug 3, 2013, 04:01 AM
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This brings back a memory from the 60s. I was in intensive care (no curtains) and the person in the next bed was on a new machine. The doctor explained how it worked to about 7 staff. I guess under the 'Law of more than 5 people expected to learn something' no one paid any attention, the machine beeped loudly hours later, no one remembered what to do, and the person died. Talk about a doctor berating people!
Not sure why I'm bringing this up. I guess just be glad for the good care you are getting and try to ignore the indignity.
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New Member
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Aug 3, 2013, 04:39 AM
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Thanks, just irked as the consulting Dr. although he is a Doctor and highly educated it does not give him a license to chastise and berate
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Computer Expert and Renaissance Man
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Aug 3, 2013, 04:40 AM
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By the way its HIPAA not hippa
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New Member
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Aug 3, 2013, 04:48 AM
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Yes I am getting very good care and am blessed with very good caring Doctors and their support staff. The majority of Doctors would be lost without their support team. . I, as a patient would be lost with out them as well.My PCP was on vacation and it was his staff that admitted me into the hospital.
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New Member
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Aug 3, 2013, 04:58 AM
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Thanks I will remember that it is HIPAA and yes the answers help. As I stated I am not looking at any civil action but I am going to pursue an administrative investigation via the hospital patient advocate and the consultants employer. Believe me I was tempted to lash back to the consulting Dr. but I realized I would have gained nothing and would have lost. My issues and complaints are better presented via the administrative route.
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Expert
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Aug 3, 2013, 05:43 AM
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A doctor talking to you poorly and improperly is not covered under this.
At this point, you had as much privacy as allowed in a hospital setting, while some medical information is heard by others, there is no way in a hospital room for it not to be
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