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waverunner25 · Mar 13, 2009, 11:21 AM

I recently had a very personal surgical operation performed. When I finally saved up enough money to have it performed, I immediately scheduled with the only doctor in the area that I live who does these types of surgeries. I was very nervous when I got there, and one of the main reasons was because the receptionist came into the surgical office with us and immediately began talking about other patients and their procedures and even mentioned to me that she told her mother of the nature of operation I was having! She had only been there a week so I guess all this was very new to her so I SPECIFICALLY stated, "PLEASE do not tell anyone about my procedure." As she talked to me I realized that because we were close in age that we knew some of the same people. Because of the way she went on and on about the other patients (naming them by their actual first names), I then became EXTREMELY uncomfortable so at the end of the procedure I again begged her to please not mention me being there to anyone and especially no one that we knew. She assured me (with a laugh) that she wasn't allowed to do that. I left, and it's been a little over two weeks now since my surgery. I had been assured she was going to obey the law so I never worried about her talking to friends about my visit to the clinic. Unfortunately, last night I received a very disturbing phone call from a woman who said she had heard the receptionist discussing me and my surgery, naming me by first and last name! (She had known the receptionist prior to this). She apologized for having to be the one to tell me this but that when her and her boyfriend had been at the office the receptionist dug out my file to show her other friend who was thereand went into vivid detail about the whole surgery and any other surgeries I had had prior to this! Coincidentally her friend knows me, and I know her. The three people in the waiting area were so appalled at all the details she was divulging about myself and my procedure that they were nice enough to decide to have one of them call me to tell me. They knew past medical history that almost no one knows about me, things we talked about during my procedure (I was under local antisthetic), and even what my before pictures look like! She told them my procedure was "diqusting," "bloody," that she had to pick up pieces of my "gross skin" that had been removed, and that I "waddled" out of the office like I had on a "diaper." These are things she said to a girl that knows me and to who knows who else! The lady who called me told me that the receptionist had been found on MySpace by the doctor, that she never went through any medical training, and is paid "under the table" and with free cosmetic surgeries by him. I am furious, outraged, embarrassed, and most importantly very concerned about what to do. I want to get her stopped before she tells anymore people. She is trying to ruin my life because this was a VERY personal and private procedure I had done. I called and left her a message to ask her to please stop, and she never called me back. I have called the doctor, and he is no help. He will barely reply to me and only with text messages. Help, please!

ChihuahuaMomma · Mar 13, 2009, 12:39 PM

This is very very inappropriate, unprofessional and ILLEGAL. Not only her employment there but her discussing things about your personal affairs at that office. I too, am appalled. I'm sorry that you've gone through this.

Report her for HIPAA violation. Also, see if you can report them to better business bureau. I'm not too sure if that's a possibility.

I know that there will be far better advice than mine coming in here. But I read this and was appalled. I work in the medical field, and have since I was 17. So, I understand the importance of privacy practices.

Again, I'm sorry.

Ren6 · Mar 13, 2009, 12:41 PM

I'd get an attorney, quickly. He can craft one of those "cease and desist" type letters and get her to shut up pronto. Also, you have grounds for a law suit, especially if any of the witnesses will testify for you. I hope things improve quickly- I can only imagine how distressing this would be!

ScottGem · Mar 13, 2009, 12:42 PM

OK, First I moved this to the Other Law forum, because HIPAA is not a criminal statute.

You clearly have a HIPAA violation here. While a receptionist does not need medical training, she would need training in HIPAA.

I would call the doctor one more time and tell him, that this receptionist is risking him getting a big fine for HIPAA violations and that, if you do not get an apology and the assurance that this receptionist will be trained properly and not commit these mistakes again, then you will report this to HIPAA for further action.

Now HIPAA is not tort law. This means that you can't sue the medical practitioner for violations. You can report them and fines can be imposed against the doctor for the violations.

However, I think you MIGHT have a suit against the receptionist and the doctor's office for breach of promise and breach of ethics. The receptionist promised to not discuss your case and breached that, plus her actions were a breach of medical ethics. I'm not sure, however, whether that is actionable.

Your next step depends on what you want to do. Do you want to file suit? If you do, its likely the medical procedure will be revealed as part of the trial. That might be avoided by a settlement, though. But if you do want to pursue this you should consult an attorney.

ScottGem · Mar 13, 2009, 12:45 PM

Originally Posted by Ren6

I'd get an attorney, quickly. He can craft one of those "cease and desist" type letters and get her to shut up pronto. Also, you have grounds for a law suit, especially if any of the witnesses will testify for you. I hope things improve quickly- I can only imagine how distressing this would be!

I'm curious as to what you think are grounds for a lawsuit. While there may be some actionable issues here, I'm not sure its all that cut and dried. Yes there are laws governing medical ethics, But most do not provide grounds for a lawsuit but rather sanctions for the violator.

waverunner25 · Mar 14, 2009, 09:12 AM

Thanks for all of your advice. Since my first post I have contacted a lawyer who advised me to report this as a HIPAA violation to the Department of Health and Human Services. I was on the phone for 20 minutes before I finally was able to leave a message. They said I should hear back from them within 24 hours. Unfortunately, that was days ago so yesterday I also mailed in a form to them and also filed online... probably overkill, but I just want someone to get her to shut up! I have tried to talk to the doctor, and he just continues to only reply to me with text messages (odd) and only part of the time. At first I felt bad for him because I knew he might get in trouble for this, too, and he apologized, but now I am just as mad at him because of the way he is handling this. He even had the audacity to say that the receptionist claims that this lady that called me is "trying to stir things up." How that makes any difference or changes the fact that they broke the law, I have no clue! He said he would "take care of things," yet he has still not even set a time for me to come in and talk to him, and to make matters worse, I have now found out that the receptionist's father is an attorney so obviously, I need to hire someone. As far as what I want to see happen with this, I am extremely mad, and I want her stopped from doing this ever again (fired) and also punished as much as the law allows, and I also want the doctor to give me my money back. As much as I don't want anyone else to know about this, if I have to tell people to get her pay for her actions (actions that were purely for her own sick entertainment), I will. It just blows my mind that someone would be that malicious to a person they don't even know that has put their trust in you!

ScottGem · Mar 14, 2009, 09:27 AM

Originally Posted by waverunner25

Thanks for all of your advice. Since my first post I have contacted a lawyer who advised me to report this as a HIPAA violation to the Department of Health and Human Services. I was on the phone for 20 minutes before I finally was able to leave a message. They said I should hear back from them within 24 hours. Unfortunately, that was days ago so yesterday I also mailed in a form to them and also filed online...probably overkill, but I just want someone to get her to shut up! I have tried to talk to the doctor, and he just continues to only reply to me with text messages (odd) and only part of the time. At first I felt bad for him because I knew he might get in trouble for this, too, and he apologized, but now I am just as mad at him because of the way he is handling this. He even had the audacity to say that the receptionist claims that this lady that called me is "trying to stir things up." How that makes any difference or changes the fact that they broke the law, I have no clue! He said he would "take care of things," yet he has still not even set a time for me to come in and talk to him, and to make matters worse, I have now found out that the receptionist's father is an attorney so obviously, I need to hire someone. As far as what I want to see happen with this, I am extremely mad, and I want her stopped from doing this ever again (fired) and also punished as much as the law allows, and I also want the doctor to give me my money back. As much as I don't want anyone else to know about this, if I have to tell people to get her pay for her actions (actions that were purely for her own sick entertainment), I will. It just blows my mind that someone would be that malicious to a person they don't even know that has put their trust in you!

Let me first say that I don't believe she was being malicious. She's probably just a gossip, maybe psychopathically so and she just has no concept of the damage she is doing.

That being said, so far you have done the right things. Keep pushing the DOH to investigate and take action. If you aren't getting action talk to your congressperson and see if they can get you a person to speak to.

As for getting your money back, I'm not sure whether you have grounds to do so. I think the attorney you spoke to would probably agree which is why he referred you to the DOH.

Keep us posted.

JudyKayTee · Mar 14, 2009, 10:05 AM

I see no grounds to get your money back - you paid for a service, you received the service. Money back if she's destroyed your reputation in some way? Without a doubt.

HIPAA - no question it's a violation.

Just out of curiosity - and if you sue the subject will come up - when she was talking to you and naming names, why didn't you assume if it happened to them it would happen to you and walk out?

ScottGem · Mar 14, 2009, 10:14 AM

Originally Posted by JudyKayTee

Just out of curiosity - and if you sue the subject will come up - when she was talking to you and naming names, why didn't you assume if it happened to them it would happen to you and walk out?

Judy is raising a valid point here. If this comes to trial, this is a question that will definitely be asked and you will have to answer.

There is really no reason for non medical personnel to enter examining or procedure rooms. Was anyone else present at the time? What reason did she give for being in there?

waverunner25 · Mar 14, 2009, 11:49 AM

I agree that she shouldn't have been in there, but I assume she was there to protect the doctor (maybe having another female in the operating room prevents him in lawsuits or something, I assume). As far as why I didn't walk out of the room, I had my legs propped up on a table while a doctor was busy cutting on me, and I was bleeding, swollen under gas to prevent the pain! That was hardly an option!
You can think she wasn't being mean by doing that, but THAT is MEAN... period!

waverunner25 · Mar 14, 2009, 11:53 AM

Sorry, I guess earlier when I said during the operation she was telling me this, I meant, the operation was already being performed. I said I was under a local antistetic, but I also had gas over my mouth and was first of all, feeling sick, but also almost completely out. I couldn't "just get up" and leave physically, for one, but also, I don't think ANYONE would get up and leave without being stitched up or finishing the procedure! I literally had no choice but to stay.

JudyKayTee · Mar 14, 2009, 12:16 PM

Originally Posted by waverunner25

Sorry, I guess earlier when I said during the operation she was telling me this, I meant, the operation was already being performed. I said I was under a local antistetic, but I also had gas over my mouth and was first of all, feeling sick, but also almost completely out. I couldn't "just get up" and leave physically, for one, but also, I don't think ANYONE would get up and leave without being stitched up or finishing the procedure! I literally had no choice but to stay.

From a legal standpoint - this is going to make what she said all the more difficult for you to prove. This will be a legal argument on the part of the "other side."

Sounds like a nightmare but I don't think the legal outlook is necessarily good.

waverunner25 · Mar 14, 2009, 12:44 PM

I actually think that it won't be too hard to prove because the lady that asked the girl who knew me for my phone number when she was in that office isn't someone that I've ever even met, and she and the other two people in the waiting room all said they would testify that she showed them my picture and told them the details of my visit there. They could look on my phone record and see that I have never spoken to this person prior to the night she called me to tell me that the receptionist was doing this to me. I may be completely wrong, but to me it seems like anyone who listened to this case would see that the only way that lady could have known the intimate details of the surgery was because the receptionist told her. The lady even told me that the receptionist made fun of me for begging her to not tell anyone while he was operating on me! I hope that she has realized that she has really embarrassed me and ticked me off and will stop talking about me, but I seriously just doubt that she will.

ScottGem · Mar 14, 2009, 01:14 PM

Originally Posted by waverunner25

I agree that she shouldn't have been in there, but I assume she was there to protect the doctor (maybe having another female in the operating room prevents him in lawsuits or something, I assume). As far as why I didn't walk out of the room, I had my legs propped up on a table while a doctor was busy cutting on me, and I was bleeding, swollen under gas to prevent the pain! That was hardly an option!!

Ok, let me get this straight. You were in the process of undergoing a surgical procedure and a Non-Medical person was in the room observing the procedure and chattering away? There was no one else in the room?

Originally Posted by waverunner25

You can think she wasn't being mean by doing that, but THAT is MEAN...period!

While I agree the results of her actions were mean, it doesn't mean she was intentionally mean.

waverunner25 · Mar 14, 2009, 01:26 PM

Yes, there were 3 people in the room during my surgery: myself, the receptionist (why, I have no idea and yes, chatting away), and the doctor. This was when she was talking about other people's surgeries. This would be HIPAA viloation number 2, since she had already told her mother and discussed my surgery with her. She volunteered that information.

After the surgery, on another date (not sure of the exact day or time), there were 4 people in a room talking: the lady who called me, her boyfriend, another girl, and the receptionist. This would be the third time she violated my privacy and the one that I am extremely embarrassed about because the girl in the room knows a TON of the same people I know. I have no way of knowing who of all these people she told this to are going to turn around and tell a bunch of other people!

ScottGem · Mar 14, 2009, 01:30 PM

Ok, I suspect the receptionist was in the procedure to prevent you and the doctor from being alone. That is for your protection and the doctor's. So that part is understandable.

But her chattering away about other patients was very wrong and the doctor should have told her to shut up.

So, as I said, you need to pursue the HIPAA violation as much as possible.

But whether you can get any compensation other than an apology and maybe having the chatterbox fired, I think is a slim chance.

waverunner25 · Mar 14, 2009, 01:31 PM

I think laughing and making fun of another person's pain when they asked you specifically not to is actually a very mean thing to do, especially since we realized we knew some of the same people during the procedure. I really think a lot of people would agree with that. If not, that really doesn't matter, and it's not really the point anyway... the point is that it DID hurt me and the more people who know the worse it will be for me. It doesn't hurt her or anyone else for her to run her mouth, and it is just infuriating me that I can't put a stop to this.

waverunner25 · Mar 14, 2009, 01:33 PM

Honestly, I really will be FINE and VERY HAPPY if she would just stop talking, but how will I be able to prevent the other people she told from being chatterboxes, as well? I may be SOL on that, huh?

ScottGem · Mar 14, 2009, 01:36 PM

Unfortunately yes, the cat is out of the bag. You can contact the mutual acquantance and tell her that you were made aware that the receptionist violated HIPAA laws in discussion your diagnosis and treatment with other people. Tell her you are pursuing sanctions against the receptionist and the doctor. And that you would appreciate if she didn't discuss what she learned with anyone.

You can't tell her not to or threaten her. The only thing you can do is appeal to her sense of fair play.

waverunner25 · Mar 14, 2009, 01:40 PM

I have been promised (not that that apparently means anything) by all the people that were in the room that they wouldn't tell anyone else, and I did leave that message on the receptionist's phone asking her to stop and that I'd like to talk to her (no reply) so I guess I'll just follow all your advice and hope for those people to keep their promises! Thanks for everyone's advice. It was really helpful and greatly appreciated.