Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
On Saturday, May 23, 2009, a tenant of mine, who is also one of the receptionists at my primary care physicians' office made a statement to a friend of mine. She said I was "a recovering addict". I am a recovering alcoholic with almost 6 years sobriety. What she said really bothers me. As I understand it, this statement violated the Privacy Rule. I called my doctor Tuesday, May 26 and advised him of this incident and he said he would talk to his employee about it. I did not hear anything until I made an appointment to see him on June12th. He said it's a he said, she said thing and she denied it. But it's not, as my friend heard her say this. Now I'm being forced to get another doctor. I want to file a claim via HIPAA and possibly sue his employee. She has no money, but it's the principle Thank you Richard Emory
State/Country relating to Question: New York Already Tried: my doctor states that because of the conflict I can only see him after 5pm. I told him this is very incoinvenient and my medical problems aren't on his time schedule. He said I'll have to find another doctor. He's used to losing patients; old age, death, retirment ot other area and then peo;ple like me who did nothing wrong to justify his request. But it's easier and cheaper to lose a patient than to hire a new one. What have I done? Elevate my blood pressure.
Thank you for the post, and you are correct this would be a HIPAA violation. Be advised however that there is only a $100 damages assessment applicable to HIPAA violations in private suits, the real damages comes from fines assessed against the employer by the government. In any event, to assert your claim visit: http://www.hhs.gov/ocr/privacy/hipaa/complaints/
At $38 for just 3 minutes of your extremely valuable time, that's $700 an hour. How do I get around this $100 damage assessment? Is there something, other that a private suits?My intent is to file via the government. What kind of damages can I file for? In NY one can't sue for pain & suffering. What about defamation? $100 penalty is nothing. There needs to be more consequence for ones actions.
no, a private suit for a HIPPA violation would not be recognized (i.e. your suit would be thrown out of court). You did not mention any pain and suffering in your post, and pain and suffering, as with any other kind of damages must be proven, it can't just be claimed without any proof. Usually, the proof required is psychological treament/diagnosis (e.g. depression, anxiety, etc.). Defamation would not apply if her statement is true, which you admitted it is.
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.