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iamisaid · Dec 30, 2011, 05:32 PM

I was being treated in the ER after an automobile accident. After the police spoke with the Dr. The Doctor became rude and was asking me questions about drug abuse. He stated that he thinks I have a drug problem and said that I had a lot of drugs in my system. Well, I'm 21 and my mom was right there while he blurted this out. Have my rights been violated? I felt ashamed and like a piece of crap in front of my mom and the nurse.

smoothy · Dec 30, 2011, 05:53 PM

No.. the police have the right to that Information in the event of an accident. Its key in if determining fault and if additional charges are warranted. They also routinely test you for Alcohol after an accident as well.

ScottGem · Dec 30, 2011, 05:55 PM

I assume you gave permission for your mother to be there. The doctor could therefore assume that you gave permission for your mother to know about your treatment.

You can complain to the hospital, but I doubt if anything will be done.

Fr_Chuck · Dec 30, 2011, 06:32 PM

Yes the doctor was just talking to you, not telling anyone else. Your mom would be in the room only because you allowed her. So no, your rights were not violated.
I will assume the doctor did a drug test on you, which is why he was asking

joypulv · Dec 31, 2011, 04:55 AM

I don't care about you using drugs. You should feel ashamed for driving and being irresponsible and costing the taxpayer for police time and I don't know what you have for medical insurance. I just hope no one else was hurt. HIPAA doesn't even come close to this situation anyway. The cops could have arrested you in the ER - put you in handcuffs on the bed. Then it isn't just mom knowing, it's a matter of public record.

ScottGem · Dec 31, 2011, 07:21 AM

Originally Posted by iamisaid

I was being treated in the ER after an automobile accident. After the police spoke with the Dr. The Doctor became rude and was asking me questions about drug abuse.

I missed this the first time around. The police would only accompany you to the ER if you were suspected of DUI.

So I would be less worried about your HIPAA rights and being ashamed in front of other people. If you were under the influence and you got behind the wheel, then its likely you will be arrested and brought to trial. Especially if someone was hurt in the accident. That will be a lot more shaming.

Instead of being indignant about the doctor accusing you of drug abuse, I would be looking to get help dealing with your apparent problem.

iamisaid · Jan 1, 2012, 12:38 PM

I guess I should have stated that the drugs were prescription and the bottles were on the counter right there! It was Christmas morning and I hadn't taken anything. I had just had some work done on my car and yes, though I was speeding, I was not in any way under an influence. My brakes failed.Yes, the police were there, and no, I was not arrested or even ticketed for that matter.

ScottGem · Jan 1, 2012, 12:44 PM

You say you hadn't taken anything, yet you say the doctor said you have had a lot of drugs in your system.

Like I said, it is very unusual for a police office to accompany an accident victim to the hospital unless a violation of the law is suspected. Its possible an analysis of the car revealed the brakes failed. In which case you can sue the mechanic.

But in any case, as noted, by allowing your mother to be with you, there was no HIPAA violation.

Fr_Chuck · Jan 1, 2012, 12:54 PM

I was surprised you were not ticketed for DUI, since it appears you were under the influence of drugs. Even if they were prescribed by the doctor, if they influence your driving, you can be arrested and/or fined.

If the police were at the hospital ( missed that also) they though you were guilty of something.

joypulv · Jan 1, 2012, 06:04 PM

If the drugs were painkillers, then the amount in your system is still a concern to both doctors and police. As I am sure you well know at your age, it is almost an epidemic to get as many scripts from doctors as possible for Vicodin, Oxycontin, and Perks. The really zonk you out when driving, especially when speeding. Doctors and pharmacists can be liable. Doctors who don't notify the DMV when someone shouldn't be driving can have their license taken away if that patient kills someone.
So there are still many missing parts to this story of embarrassment in front of mom.