Consumer Protection Law
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Hello. I'm Dr. Phil, licensed and practicing Internal Medicine Physician. Excellent service is my goal.
hi I'm Dr. Phil
Nice to meet you
I think I can. How exactly would you like to go about this?
Ok. Hang on. let me read again.
I think this is out of my realm of expertise.
Would it be okay if I opted out for another expert?
No not really
This might be better for legal
I can tell you that I don't think this is a HIPAA violation though
definitely unprofessional but not a violation of HIPAA
I think any action against her is going to have to be a formal complaint to the board of dentistry
for unprofessional behavior
I will alert the moderators of this but it may take a while
is that okay.
I will opt out and alert the mods.
If a medical expert can help then they can jump in.
If not, you can wait for legal
ok. hang on
Hello: I am sorry to hear about your mistreatment. Unfortunately, the Dentist and her office did not break HIPAA Privacy Rule. They did not disclose your medical information to a third party without your consent. The Dentist was merely communicating to you about the dangers of dependency on prescription pain killers albeit she went about it the wrong way. She may not even realize that she offended you. So, the first course of action here would be to speak with her about your concerns. Then if you are not satisfied with her explanation/actions, then you can file complaint against her for unprofessional conduct with California Dental Board: http://www.dbc.ca.gov/consumers/complaint_info.shtml
Click here for more information on HIPAA Privacy Rule:
However, she is my DENTIST! Not my Primary Care Physician (PCP). I didn't ask for her input nor her opinion. Why is she asking and commenting (UNSOLICITED) on the pain medication regime determined by my PCP! She projected her experience with hydrocodone onto me in a voice loud enough for the front office and waiting area to hear. I didn't ask for her opinion. And her answer (UNSOLICITED) was tantamount to interference in the relationship between myself and my PCP. Surely that violates Medical Board of California protocols. Response: I quite understand your frustrations. However, you asked a question and I answered it and provided you a link to back up my answer. I also gave you a link to file complaint with California Dental Board. I have ethical and professional obligation to provide you accurate information eventhough that information may not be what you want to hear.
Here is a link once more to file complaint with California Dental Board: http://www.dbc.ca.gov/consumers/complaint_info.shtml Best wishes,
The issue is complicated. There are two parts. The law as outlined by HIPPA. And protocols as outlined by ethical standards by the Medical Board of California. It is tough getting an expert from two intellectually challenging fields of both Law and Medicine. Even though in your opinion, she violated no laws, can you also assure me that no Medical Board of California protocols were violated? Response 1: I believe you already know the answer to your question: no I cannot assure you that. That's why I suggested that you file Complaint with the Dental Board. The Board would ultimately decide after reviewing your complaint whether she violated protocols. BTW: What would you have done in my situation? Thank you in advance. Response 2: I would speak to the Dentist about my concerns and if the Dentist starts giving me attitude, I will file complaint with the Dental Board against the Dentist.
Let me know if you need further clarification.
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