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    Linnypu's Avatar
    Linnypu Posts: 3, Reputation: 1
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    #1

    Mar 5, 2009, 07:29 PM
    HIPPA Violation?
    I went to a lab for a medical test that required the use of a large machine. The technician had me sitting in the room while another patient was being scanned. The machine was silent and the room was not very large. The technician asked me questions about my medical history in front of the other patient. Were my privacy rights under HIPPA violated? What should I do to try to prevent this from happening to someone else at this facility?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 5, 2009, 07:33 PM

    Report it to the facility mgmt.

    Why didn't you say to the technician that you didn't think it was apporpriate for him to ask you those questions with someone else in the room.
    Linnypu's Avatar
    Linnypu Posts: 3, Reputation: 1
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    #3

    Mar 5, 2009, 07:42 PM

    I did not say anything to the technician because I just wanted to get my test done and get out of there. I should speak to the management because it isn't the right thing to do. It is not something I would sue over because I am not a litigious person and I suffered no harm.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Mar 5, 2009, 07:48 PM
    You probably can't sue over it. People have this misconception that a HIPAA violation is a tort offense. Its not. The punishment for a HIPAA violation is fines and sanctions againt the medical provider, not something the victim can sue over.
    Linnypu's Avatar
    Linnypu Posts: 3, Reputation: 1
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    #5

    Mar 5, 2009, 08:20 PM
    Like I said, I am not litigious, so I wouldn't sue anyway even if I could. I found it slightly comical actually. I will say something to the management because the technician was doing the wrong thing.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 5, 2009, 08:23 PM

    This is not a correct thing to do, and it should be reported to the hospital.

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