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HIPAA Violation?
I currently have a federal lawsuit against my employer for discrimination in which I am currently awaiting the summary judgement. Several weeks ago I got hurt not at my place of work but while I was at home. My doctor originally informed me that I could not return to work, and that he would not place me on light duty since my employer did not have a set light duty policy in place. Several days later my employer faxed a letter to my doctor requesting my medical information, my diagnois and why was it that I can not work light duty. My doctor then under pressure from my employer reversed his decision and allowed my employer order me in for light duty. This is not a workman's comp. case and we have a union contract in place which allows us to accumilate sick time to take in events like this. I had more than enough sick time to allow me to remain off. When I asked the doctor for the letter from my employer which requested my medical information, he refused saying that their was privacy laws that prevent me from obtaining a copy of such letter. I did sign the forms initially that pprohibited my doctor from given out my medical information. My lawyer said that the doctor is liable and that the employer is not. Is this true? I was reading that an employer can be liable under tort laws or possible criminal charges? Which is true?
Thanks John |
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I see no responsibility on the part of the employer - all "he" did was ask (you never know unless you try). It's the Doctor who violated your "trust." Are you certain that you did not sign any medical releases in connection with your case?
I have knocked on many doors and people who have been advised IN WRITING not to talk to anyone talk to me or provide me with documentation Very often I am amazed! I am curious about the summary judgment on a Federal level - can you explain how this came about? Were you represented by an Attorney and what part did the EEOC play? (If you don't mind answering - I'm curious about the process.) |
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