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: Family Law
Satisfied Customers: 111568
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I went to a new doctor for a full physical. During the exam

This answer was rated:

I went to a new doctor for a full physical. During the exam I said I wanted to have blood tests (haven't had them in a while) and I wanted to be tested for sexually transmitted diseases including HIV.

I am married. I explained that my husband had some issues with depression and alcohol and sometimes leads him to be involved in risky behavior. I never said what that behavior was. In my mind, I felt that because of our arguments due to his drinking, and that his thinking becomes irrational, I don't know if he could have been involved with a one night stand. I have no proof of it.

I just got a copy of my medical records and it stated under problems "involved with person at risk for HIV". I was shocked! I wanted to have these tests done just for my piece of mind...not because I felt my husband was at risk for HIV. In fact it is highly unlikely he ever cheated.

Can I have this taken off my records?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, when you stated to the doctor "sometimes leads him to be involved in risky behavior" this can be interpreted as what the doctor wrote. Under HIPAA you are entitled to submit a written correction and/or explanation to your record and it is supposed to be included into your medical record and this would be your recourse. If they refuse to include your correction in your record, your recourse is you have to file a complaint with the US Department of Health and Hospitals as they are the sole agency that can enforce HIPAA and there are no private rights of action under HIPAA.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 3 years ago.

I don't know what to tell my doctor because I now distrust him. I never intended for this to be on my medical records. My doctor basically asked me questions like - "what is your relationship like with your husband". If he did not ask me that - I would not have gone into detail. I had just come from gyn and told them I wanted to have the hiv test - they were going to order it but I said it wasn't necessary because I was going to see my doctor and ask him for a complete blood work up and order that at the same time. My gyn never asked me probing questions.


 


I am afraid to talk to my doctor now because I feel he may use this against me. I have never had a situation where I felt I couldn't be honest with a doctor.


 


What kind of explanation can I give at this point to explain myself? My husband's risky behavior involves mainly drinking and driving. Not taking drugs via needle or visiting brothels. Someone who is stupid enough to drink and drive is stupid enough to sleep with someone, especially since we were going through a rough time.


 


The sad part is the thing that made me worried about STDs from my husband is I would sometimes feel a burning sensation in my lower stomach. I just found out 2 days ago that the burning sensation was caused by fibroids. (It is so large my doctor recommended I consider a hysterectomy).


 


How in the world do I explain this on paper as a rebuttal to my medical records? I am afraid that anything I say will be used against me.

Thank you for your response.

It was not illegal or unethical for the doctor to have asked you these questions I am afraid. The explanation you would make is that your statements about your husband were misinterpreted and then clarify what you were meaning when you discussed his risky behavior. However, if you read what you are saying above, you are in a backhanded way saying he is a risk for STD, which is also potentially HIV, so you need to pick your words carefully. When you tell your doctor you it may be possible your husband is sleeping around, this is by definition sexually risky behavior, so you can see how he interpreted your comments. Thus, in wording your statement you need to state only that your telling the doctor about your husband's risky behavior was regarding his drinking and driving and not his sexual exploits and leave it at that and that the doctor misinterpreted what you were saying.
Customer: replied 3 years ago.

okay, I see your point.


 


Anyone who sleeps with someone without the use of the condo is engaging is "sexually risky behavior". That includes people who are married. Many persons who are married don't use a condom. They assume their partners are not cheating. But as we know (Arnold Schwartzenegger) men can sometimes blind-side their wives (it goes the other way around too). I have no proof that my husband was cheating. I have no proof that if he slept with someone else he didn't use a condom. I just have proof that he drinks.


 


I think the doctor choose the strongest words possible - it even implies (because he uses plural) that I am sleeping with several people who could be HIV infected.


 


My doctor wrote: "Sexually active with persons at risk for HIV-related disease"


 


 

Thank you for your response.

You need to write this in your request for correction of clarification of medical record under HIPAA that you are monogamous and that you have no evidence of his sexual conduct only his drinking behavior and ask for this to be included in your record. This going to be the best you can do on this.
Law Educator, Esq. and other Family Law Specialists are ready to help you