H.I.P.P.A Violation by doctor

RainingDownOxy

RainingDownOxy

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somewhere over the rainbow in MiChIGaN
Hello everyone. Im asking this for a really good friend of mine because I think, wait I know that his doctor violated HIPPA without a doubt!

So in a nutshell my friend began seeing a new regular medicine doctor. Everything was cool and went on for about 3 months. Well about 2 weeks ago is when it started. My friend is 20 yrs and lives with his parents. He signed all the papers when he 1st went into the doctors office, including the confidentiality form that prohibits anyone from seeing or asking about anything that is related to his medical records, his treatment, what meds he's on, everyting. The only way to do so is if the patient signs a form saying that it is ok for so an so to see or talk about them, he can also give the doc verbal consent and that works also.

Well his parents wanted to know what meds he was on because they saw him nodding out a lot an being tired more often. They're really anti drugs, mainly just the drugs that cause euphoria etc. So they asked the doc an what does he do, he tells them everything. what meds he is on, how he is doing, the treatment, EVERYTHING without my buddy knowing absolutly nothing about it. So then blah blah blah his parents rag on um an what not an thats it. a couple days later they were asking the doc more ?s an he answered them. When i found this out i told my friend that he should get a lawyer quick. He called the doc's supervisor an he said that the doc says that he gave him "verbal consent" which my buddy absolutly did not. He has yet to get a lawyer because he to be honest is that bright when it comes to this stuff, doesnt know what HIPPA is an so on. Im on the other hand am flipping out. The doc clearly crossed over the no entrance tape. What do you guys think:\
 
The original post states the friend is 20 years old.

Contacting a lawyer would be an attempt to sue this doctor for damages. Such damages would have to be both real and quantifiable, although simply having an attorney threaten a lawsuit could potentially result in a quick $5,000 settlement offer, a third of which would go to the lawyer.

But it sounds to me like the more important issue is to complain to the state medical board so that this doctor doesn't violate the confidentiality of his patients in the future.
 
Johnny1 said:
The original post states the friend is 20 years old.

Contacting a lawyer would be an attempt to sue this doctor for damages. Such damages would have to be both real and quantifiable, although simply having an attorney threaten a lawsuit could potentially result in a quick $5,000 settlement offer, a third of which would go to the lawyer.

But it sounds to me like the more important issue is to complain to the state medical board so that this doctor doesn't violate the confidentiality of his patients in the future.
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yes he is 20 yrs old. He does want to actually bith, complain to the medical board, and also sue. There are damages if his will count. Because the doctor violated his doctor/patient confid. he has to move out of his house, which means he will probably not have health insurance anymore, and I forgot to mention that the parents, in an attempt to further their knowledge of whats going on with my friend's treatment, they called an said that he was smoking pot or something similar, which he wasnt, in fact he doesnt do ANY street drugs illicit or legal. Which resulted in the doc piss testing him, which came back clean, and because of that they said they will piss test him randomly for the next couple months.

IMO it should be enough for him to, obviously get him in truoble or a note in his file or whatever they do to doctors, and also get some type of settlement or sue for for some type of sum of money....
 
It's quite possible that, if you're friend is not particularly bright, he may have in fact listed his parents as those with whom his doctor may speak on his HIPPA form. He may not have realized exactly what he was signing.

It's unlikely that there would be basis for a lawsuit here because your friend has not suffered a tangible loss (money, job, etc.) for which he can seek compensation. Pissed-off parents don't count.

I do think that the state medical licensing board would be the place for this.
 
^^when i said that he wasnt bright, i didnt mean that he is a flat out idiot. I meant he doesnt know how hippa works,thats all.kinda like how im really knowlegdeable when it comes to geometry, like he is with repairing cars. Anyway, no he didnt unknowingly sign it, i know this because he went to the office an had the receptionist get all the papers and he looked them over an the form was signed an nobody is listed.

Its not just the pissed off parents, its about the entire inconvience the doctor created by him violating hippa. I made this thread specificaly to have the medical board do whatever they do to doctors who do this type of thing, so he doesnt do it again. Nobody wants a doctor who will just tell anybody anything they want to know about somebody, whether their an addict, a cancer patient, an aids patient or even the goddamn flu.Its not right and its against the law. am i right??

an if he got money out of it that would be cool.but its not the reason for the thread. I would think that when a doctor is confronted and everything is laid out on the table he would just settle with the patient, like J1 said. Dont doctors have some type of insurance for this kind of stuff?
 
As it currently stands, this is a case of misconduct, not malpractice.

I would encourage your friend to file a complaint with the state medical board. They will investigate the claim, and will discipline the doctor, which could range anywhere from an official reprimand to suspension of his license, should they find just cause. It's a long process, you should anticipate waiting several months for a decision.
 
Seems like a good opportunity for blackmailing the doctor into giving your friend more drugs (jk).

The same thing has just recently happened to me and I am also considering suing. Should I visit the Citizen's Advice Bureau (I live in the UK)?
 
Wow, just like everyone says, this doc needs to have the board look at him and dish out the appropriate penalty. Also, what kind of parents spread lies about their child's drug usage?
 
Doctors word vs. 20yr old kids word...

...hmm! Unless this doctor has lots of previous occurances of such misconduct I'd say your friend is SOL.


(don't waste your time)
 
^ Not necessarily. Consents to release medical information have to be in writing. If the patient didn't sign a document authorizing the doctor to release medical information to his parents, and his parents' testimony is that they did receive his medical information from his doctor, then the doctor's insistence that he either (1) had permission to release the medical information to his patient's parents, or (2) never released such information, won't be credible.
 
Johnny1 said:
^ Not necessarily. Consents to release medical information have to be in writing. If the patient didn't sign a document authorizing the doctor to release medical information to his parents, and his parents' testimony is that they did receive his medical information from his doctor, then the doctor's insistence that he either (1) had permission to release the medical information to his patient's parents, or (2) never released such information, won't be credible.
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my point exactly!!!! he did sign the appropriate document and did not sign nor even saw the document that says someone else can see his medical information. The doc clearly violated hippa and they take that stuff very seriously.

To the person who said something about crazy parents---they are crazy. They are the real religious type. But they are irrelavant. Its the fact that the doctor totally violated the patient's rights and he did it knowingly with no regard to his patient's privacy.
 
Verbal consent is acceptable when it comes to this and if the doctor says that it was given, who's to say it wasn't?

At this point it becomes a credibility debate between a licensed medical professional with 20+ years of education and a pain patient that's only been alive as long as the time the doctor spent in school.

I dunno, I guess you could pursue it if you want. I just don't think you will get too far.
 
^ Verbal consent is not acceptable, and any MD smart enough to get through all the schooling you ceremoniously mention should be smart enough to get it in writing before he/she shares a patients' medical information with those that don't have a "need to know."

And why is it that youth and/or status as a pain patient negate credibility? And what is it about a medical license that absolutely guarantees someone will never engage in ethically-inappropriate behavior?
 
My medical insurance requires any doctor that treats anyone in my family to give me any / all info I request. Its NOT optional for the doctor-- once he files a claim under my insurance, I get any / all info about the patient I request.

Your friend is lucky his parents do NOT have the same type insurance most people have. Whoever "owns" (pays for) the policy is required to receive the info. from the doctor.

If it were my kid, the doctor would be sweating if he did NOT discuss it with me.

But, I am sure medical insurance policies vary.

Will
 
What is it about a police badge that guarantees that a cop will never engage in ethically-inappropriate behavior?

Nothing. But they usually get away with it. -
 
Lost and Confused said:
At this point it becomes a credibility debate between a licensed medical professional with 20+ years of education and a pain patient that's only been alive as long as the time the doctor spent in school.
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To reiterate what tobala said: is verbal consent to disclose patient information to a third person a normal, ethical, or legally sufficient way to conduct medical practice?

Furthermore: what did the patient here have to gain by giving consent? What did he have to lose?

And finally: has this doctor had issues with breaking patient confidentiality in the past?
 
If I were your friend I would consult a lawyer about the whole thing and sue for damages.

What that doctor did was totally ILLEGAL and immoral. If 'your friend' did not give consent then he didn't give consent. He must have known what the potential end result would be if his parents were really that strict. Those damages are real and quantifiable.
 
^ I told 'my friend' exactly that. It really is a buddy of mine if some think its really myself. I'd tell ya'll, after-all it is an unfortaune part of our medical society:\ I still love everybody that has gave me their much-need opinions<3

To the somewhere above-- Seriously what would it matter if the doctor spent so many years in medical school learning an studying and memorizing this shit for exams/boards etc??? That should make him all the more aware that you cannot just tell people about someone's private medical information.

Also why does the fact that he is 20 yrs old have an impact on anything here?? I mean yes if he were in fact a minor, lets say 15 16 or 17, than the doctor is allowed to talk with the parents, obviously, they are still, by law, a minor (or at least by the laws where I live), a minor is anyone under the age of 18. Being 20 and therefore an adult, you dont think that the 20 yr old should have a say, (the final say) of who can see his medical records and his presonal file?! I mean come on,you personally wouldnt care if your doctor, who you have been seeing for awile now and have opened up to on a couple things or maybe something thats personal an then one day just decides to tell your parents whatever he wants or answers any of their questions- I think your answer would be yes. That is bullshit on the M.D's part. But it applies to everyone, not just a 20 yr old person's parents.
 
Missykins said:
It's quite possible that, if you're friend is not particularly bright, he may have in fact listed his parents as those with whom his doctor may speak on his HIPPA form. He may not have realized exactly what he was signing.
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This happens even to "bright" people - when someone is hospitalized or treated for a condition in which they are in a sensitive emotional state, often they do not realize what they are signing - not to mention that the nurse or social worker may not adequately explain the full extent of what the patient is signing in the first place due to staff shortages, frustration... fill in the blank.

OP: I think your friend should contact the medical board in his jurisdiction. He was not a minor and a savvy doctor concerned about his or her malpractice insurance rates going up, not to mention a judgment, should not have breached the duty of physician/patient confidentiality. Further, if your friend files a complaint against the doctor with the local medical board, that would be evidence at trial should that come to pass.

Bottom line: watch what you sign, there is no such thing as a "routine waiver".
 
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