How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111655
Experience:  Attorney experienced in commercial litigation.
10285032
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I was taken to the hospital emergency room with problem

Customer Question

I was taken to the hospital emergency room with problem breathing and was admitted. I was questioned as to ALL the medications I had taken. The doctor entered my was and without my permission commented "you don't need oxygen to breathe, you wouldn't have
any problems if you lay off the cocaine and herione ". I devistated! Both my son (age 34) and fiance were at by bedside. I was released on Mother's Day. My fiance did not not even take me home upon my release. And, has since canceled our move into the condo
he recently purchased, cancelled our marriage date and has NOT deposited ANY funds into my checking account. My son has stopped coming by on a regular basis. The doctor has ruin my life by disclosing that information! WHAT are my remedies regarding this violation?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I was taken to the hospital emergency room with problem breathing and was admitted. I was questioned as to ALL the medications I had taken. The doctor entered my was and without my permission commented "you don't need oxygen to breathe, you wouldn't have
any problems if you lay off the cocaine and herione ". I devistated! Both my son (age 34) and fiance were at by bedside. I was released on Mother's Day. My fiance did not not even take me home upon my release. And, has since canceled our move into the condo
he recently purchased, cancelled our marriage date and has NOT deposited ANY funds into my checking account. My son has stopped coming by on a regular basis. The doctor has ruin my life by disclosing that information! WHAT are my remedies regarding this violation?

Response: File complaint against the doctor with the hospital's administration--patients advocate department. Also, you can file complaint against the doctor with New York Department of Health, Office of Professional Medical Conduct:
https://www.health.ny.gov/professionals/doctors/conduct/
Further, you can file complaint with U.S. Department of Health and Human Services, Office for Civil Rights for this HIPAA violation. Click on the link below for more information:
http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html
Customer: replied 1 year ago.
Basically, is my only recourse filing complaints? Or, is there a follow-up whereby I can be financially compensated due to the fact this disclosure has directly caused the closure of direct deposits to my personal accounts and other financial access has also been closed. I am currently in Housing Court per non-payment of rent on my apartment. Now, this new change of events caused by the disclosure of information my Fiance has changed our living arrangement plans ,therefore I am soon to be homeless!!! All because the doctor disclosing my private information without any regard to privacy.
Customer: replied 1 year ago.
Please respond as to what types of financial compensation I can seek due to the lost of what had been my steady support from my now ex-fiance.
Expert:  Phillips Esq. replied 1 year ago.
Basically, is my only recourse filing complaints? Or, is there a follow-up whereby I can be financially compensated due to the fact this disclosure has directly caused the closure of direct deposits to my personal accounts and other financial access has also been closed. I am currently in Housing Court per non-payment of rent on my apartment. Now, this new change of events caused by the disclosure of information my Fiance has changed our living arrangement plans ,therefore I am soon to be homeless!!! All because the doctor disclosing my private information without any regard to privacy.
Please respond as to what types of financial compensation I can seek due to the lost of what had been my steady support from my now ex-fiance.

Response: I cannot answer these questions for you because I do not give legal advice on this site. I am prohibited by terms of service from giving legal advice. These are questions that your Attorney after in-office consultation, after reviewing ALL the facts in the case, would provide you with the information. In any event, I am going to opt out in case another Attorney here wants to comment on your post.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.I am a different contributor. First off, for the doctor to release your personal health information, it is a violation of HIPAA and the US Department of Health and Human Services is the sole agency with authority to investigate and pursue HIPAA violations. There is no private right to sue under HIPAA. So you need to start by filing a complaint with the US Department of Health.Second, if the US Department of Health finds a violation, you can sue the doctor under STATE law for breach of the duty of confidentiality, as he had a duty to not to disclose your personal health information to anyone without your express consent. As far as damages, we cannot tell you an exact amount of damages, but you are entitled to recover all of the damages his actions have caused you to incur and also for the emotional distress that you suffered as a result of the doctor's conduct.