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Dwayne B.
Dwayne B., Attorney
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Experience:  Began practicing law in 1992
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I do anesthesia for a hospital. A patient comes in for a colonoscopy

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I do anesthesia for a hospital. A patient comes in for a colonoscopy she brings her daughter with her to pre-op. The daughter is there while the nurse interviews her. The patient is already in her gown and has an IV started. When I go into see the patient the nurse is with her; but her daughter leaves because she's tired and pregnant (I know this family) I interview the patient and then we take her back to the OR do the procedure and then take this patient to the recovery room. I go to see my next patient. An hour or so later I am walking by the Pharmacy and see someone standing outside the OR doors I ask her what she is doing here.   (I know this person too) She says that she is there to pick up the patient I just finished with. I say "oh I just finished with her" The patient had given the surgeon to speak with this person already. I give her a brief summary. Later that month I see her daughter at a dinner party and we catch up on how her mother did as she left early and d
Submitted: 6 years ago.
Category: Legal
Expert:  Dwayne B. replied 6 years ago.
It looks like your question was cut off. Would you like to finish it?
Customer: replied 6 years ago.
she did not get to talk to me about how her mother did. I told her her mother was excited about the new baby coming. She began to make comments about her mother's previous drug abuse. "Did it take a lot to put her out"? I said "No, she was a cheap date actually, and she began to snore the minute I gave her just a tiny bit. I told her that I was actually concerned about how bad she snored and that maybe should go to an ENT and get her nose checked out. The daughter said "Sleep Apnea"? I said, "No she doesn't stop breathing, she just obstructs it maybe she has a deviated septum". Her daughter says well, "she did so much cocaine in the 80's it's no wonder". Later the hospital attorney Carrie Young ESQ is hand delivered a letter from the ENT surgeon Twana Sparks who is friends with this patient. It is scathing. It is full of lies about things I did not say or do. I am accused of a HIPPA violation. Dr. Snure the patients surgeon speaks to the patient about the letter. She says she does not want anything to happen to my job. The attorney speaks to me and tells me I should lose my privileges. It goes to peer review. They vote that I should take 2 offsite HIPPA classes. This then goes to MEC (medical credentiallying) They agree with Peer Review committee and their rec's. But the ENT surgeon is not satisfied with this and she is the President of Medical Staff she takes it to the Board of Trustees and they suspend me for one month at which time it will be reviewed again. I feel they will not re-grant my privileges.
Expert:  Dwayne B. replied 6 years ago.
I read and understand your unfortunate facts. Is there a specific question I can help you with?
Customer: replied 6 years ago.
Did I violate HIPPA laws? Would this woman have a case against me? Did the hospital have the right to suspend me? This is not the correct procedure for suspension according to our medical staff bylaws. I feel I may have a sexual discrimination case. How do I find a good lawyer? I've been on the net. I feel I need one from Albuquerque New Mexico or a larger city. I feel I have been discriminated against from this ENT surgeon for the last couple of years. All the surgeons nurses etc. see her personal vendetta; but now she has created a paper trail. I need to clear my name atleast. I won't be able to work anywhere if I don't . I have since seen this patient outside of the hospital and she was nice to me.
Expert:  Dwayne B. replied 6 years ago.
You remarks concerning the apnea and the anesthesia are at the fringe of HIPPA violations but usually nothing would have come of those type remarks to a family member. If there is any violation then there is the possibility of a case, but it would be a weak one.

Whether or not the hospital had the right to suspend you is based on their internal rules. If they violated their rules it makes anypossible lawsuit stronger.

To find a good lawyer run a search on the internet using the terms "employment law" "lawyer" and "new mexico". I did that and came up with a few names.

The will be able to help you appeal the decision and advise you on the steps to go from there. You should contact them soon as the time limits on employment discrimination cases are pretty short.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27300
Experience: Began practicing law in 1992
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Dwayne B.
Dwayne B.
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Began practicing law in 1992