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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience:  Explains legal matters based on 14+ years experience.
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Can a Hospital give out info to my wife if I ask then not to

Resolved Question:

Can a Hospital give out info to my wife if I ask then not to as soon as I walked through the door she was finding things out before I was and texting people on where I was why I was there and where I was going to be tranfered to. If they cant would she be able to log on or have one of her friends log on since she worked for the hospital. FYI she filed for devorce as soon as I got out so it had nothing to do about caring about my well being.
Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

It would be helpful to know: was your wife named as your health care power of attorney?
Customer: replied 1 year ago.

My wife is a NP and not my provider plus we did not have ins she I would not think she could say she needed it for that plus she was off that night , even if she was working would she be able to text people that didnt work there. if this is a hippa violation what could I do abould it happing. Now everyone know I had to go to a mental hosp.

Expert:  JB Umphrey replied 1 year ago.
Thank you. What state did this occur in?
Customer: replied 1 year ago.

TX

Expert:  JB Umphrey replied 1 year ago.
Thank you. There are different parts to the answer to your question.

The facts that you've described is a violation of HIPAA. One can contact the U.S. Department of Health and Human Services to file their HIPAA complaint using this link. http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

HIPAA, however, does not provide a basis to sue. That's the way Congress wrote the law. The hospital can be subject to administrative penalties under HIPAA. However, if you're seeking money damages, then you'd have to sue under the generic tort claims of invasion of privacy. This concept is explained here: http://lawmedconsultant.com/3128/lawsuits-for-unauthorized-release-of-private-medical-information/ You will want to work with a local attorney if you want to file such a suit.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 1 year ago.

do you feel that this would be a law suit that is worth trying

Expert:  JB Umphrey replied 1 year ago.
Here is something to keep in mind, lawsuits are expensive and most attorneys will want money up front.

I don't know if you can afford that.

Separately, lawsuits are public. I don't know if you want a public court file that goes into the details of your hospitalization, past medical issues, etc.

Again, that's an important personal decision which only you can make.

If you're more focused on them being accountable (and not money in your pocket), then you're best bet is to file the HIPAA complaint with the feds.

~~ J.B.
Customer: replied 1 year ago.

Thank you

Expert:  JB Umphrey replied 1 year ago.
You are most welcome. Please do not forget to click on excellent service feedback so that we are credited for assisting you.

~~ J.B.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 7 other Legal Specialists are ready to help you

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