Were my HIPPA rights violated and should I sue?
I recently went to get a pregnancy blood test from my doc. I was a walk-in, so they just took me to his personal office where of course there is other patient info. To make it short, the nurse sent me to the lab for the blood draw, and when my results were ready, she called me to the check out desk and in front of other patients gave me my results. She was very rude and my results were heard by other patients and office workers. I contacted the office manager, but the only thing she could give me was an 'I'm sorry we're all human' bs. Not to mention she made a quip of 'Oh were you upset that the results were not what you expected.' In other words it was no sweat off her back nor did she care that my results were blabbed about.
Your HIPPA rights were violated but before you can sue, you'll need proof and witnesses. Sorry this happened to you.
You can sue.
And you should, just for the attitude you got if for no other reason.
'I'm a Certified Pharmacy Technician with schooling in privacy laws and rights...'
I doubt that much.
I guess when it comes to the Health Insurance Portability Act they haven't gotten around to teaching you about the PRIVACY provisions therein.
Just because a bill says 'Health Insurance.', that doesn't mean that's ALL that's in it in the same way that a new set of regs for dairy farmers could find its way into the government's defense budget bill for the year.
Yes and I would take it a step further
Regardless of whether or not your rights were actually violated, it would be tough case to prove since it's your word against theirs. I doubt you could find a lawyer to take the case. It's not worth your stress. Instead, you may want to consider filing a complaint with the state medical board.
Send the doctor a complaint letter, with a copy to every agency you can think of that might be interested, and to the Better Business Bureau, the AMA, and the local newspaper.
Then start a web page, 'What Happened To Me at Dr. ____'s Office.'
That'll get their attention.
Unfortunately. your HIPPA rights were not violated. HIPPA laws protect you from one insurance company denying you claims based on pre-existing conditions if you change carriers. I think your doctor patient confidentiality rights were violated and you could have something there. But I personally don't believe in lawsuits for slander, I believe in getting even.
yeah i think they were...regardless of the results being what you wanted .it was a private matter that should have been done in a private area..
Yes if it happened that way. they should have told you before you were ready to check out. Why didn't they while you were in the treatment room. Check with your lawyer.
'The Privacy Rule is intended to protect the privacy of all individually identifiable health information in the hands of covered entities, regardless of whether the information is or has been in electronic form. '
Proper care should have been taken to protect your private/personal health care information. Calling you to the desk to give you the results of your test rather than bringing you in privately--unless you expressly gave them permission to do so--was, at best rude and insensitive (whether you were happy or not about the results was irrelevant). At worst, it was indeed a violation of one or more HIPPA standards.
If I were you, I would probably press the matter further and lodge a formal complaint.
you probably can. Your results are private and that's why they have the exam rooms and the Doc's office. That was rude and disrespectful. it would matter if it was something like HIV results. I upset for you. i wish you good whether you decide to sue or not.
Your HIPAA rights were definitely violated. Please see this site for more information.
It is probably a violation. You should report it.
But why sue? Do you have any damages? Are you unable to work? Did it cost you money? No.
From what you have said, it sounds as though your rights were violated. The physicians office has a responsibility to protect your information. Disclosing any information, even to other healthcare workers, is a violation, unless you have given permission or that information is shared for purposes of providing additional care, financial purposes or a few other reasons. Anyway, there is absolutely no reason for the public to be informed of why you were there or the results of any test. Research HIPPA to determine how to report this violation.
Technically no because HIPPA stands for... Health Insurance Portability and Accountability Act of 1996.
On the basis of suing though, there's not chance you could win unless you do have witness' that heard her say it out loud, but the best thing I can tell you is to get in touch with the State Medical board and explain to them what happen, and let them make an investigation.
Yes, I would say that your HIPPA rights were violated and that you were treated in a rude and unprofessional manner.I don't necessarily think that you should sue, but your Dr. should be made aware of your concerns regarding the lack of privacy as well as the way you were treated by the staff. If it was my office, I would want to know what the public perception was.
maybe... well, the privacy laws get a bit lenient when referring to oral communication in an office or clinic setting... I would need to know more about your situation to tell you with 100% certainty... You can file a complaint via www.hhs.gov But, look here first: http://www.hhs.gov/hipaafaq/limited/196. ... QUESTION:
Can health care providers engage in confidential conversations with other providers or with patients, even if there is a possibility that they could be overheard?
Yes. The HIPAA Privacy Rule is not intended to prohibit providers from talking to each other and to their patients. Provisions of this Rule requiring covered entities to implement reasonable safeguards that reflect their particular circumstances and exempting treatment disclosures from certain requirements are intended to ensure that providers’ primary consideration is the appropriate treatment of their patients. The Privacy Rule recognizes that oral communications often must occur freely and quickly in treatment settings. Thus, covered entities are free to engage in communications as required for quick, effective, and high quality health care. The Privacy Rule also recognizes that overheard communications in these settings may be unavoidable and allows for these incidental disclosures.
For example, the following practices are permissible under the Privacy Rule, if reasonable precautions are taken to minimize the chance of incidental disclosures to others who may be nearby:
- Health care staff may orally coordinate services at hospital nursing stations.
- Nurses or other health care professionals may discuss a patient’s condition over the phone with the patient, a provider, or a family member.
- A health care professional may discuss lab test results with a patient or other provider in a joint treatment area.
- A physician may discuss a patients’ condition or treatment regimen in the patient’s semi-private room.
- Health care professionals may discuss a patient’s condition during training rounds in an academic or training institution.
- A pharmacist may discuss a prescription with a patient over the pharmacy counter, or with a physician or the patient over the phone.
No you were most likely not financially or personally damaged in anyway assuming youl are not a celebrity. I doubt your full legal name was not lauded over the loudspeaker along with your test results and if it was who in that office would have really cared? Though your pride may have been hurt your case has no merit as the people in the office knowing whether or not you were pregnant really cannot damage you financially or inhibit your future financial growth. She was most definitely rude, inconsiderate and her people skills definitely warrant complaint to her employers however. Good luck with your baby making if that is the result you desired.