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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32333
Experience:  Began practicing law in 1992
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We saw a Social Worker at a local hospital for 2 months for

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We saw a Social Worker at a local hospital for 2 months for therapy last summer. I ended the therapy very much against her advice - but she was ineffective and, in fact, made a comment about me in front of my son that was out of line.
Saw this SW 6 months later while at my son's doctor appointment. She was called in adn I (reluctantly) let her stay - as we were desperate for some answers about our son's escalating behaviours. That dr visit ended with the 3 grown ups just frustrated - and my hoping to never see/ hear from this SW again. 6 weeks later, my husband and I find out this SW reported us to our local Child Abuse Network. She trumped up charges that were vitriol and false - and, during the investigation, we found out she was talking with others about us (including a provider coming to our home who actually talked with this SW twice and tried to "talk her down" from making a false DHS report). We were (not surprisingly) cleared from the charges of abusing our son, but we come to find out that this SW was ALSO pouring over the medical records of several of our children that she had access to at the hospital - and she was doing this several times a week for about a month. When we filed a complaint with the hospital, they did an "internal investigation". They just wrote to us and said they agreed she was guilty of contacting our son's school, which we did not even know about! This makes - from our count - THREE times this woman has jeopardized our privacy AND, because my husband works at the local school, we have reason to believe she has compromised his job for this upcoming school year. Is this a HIPPA violation? Who do I call? There is lots of information on the website but I am confused. Is this an OCR issue? A Licensing issue at the state level for this SW? Obviously, the hospital has done little or nothing other than "address this" by telling us it "won't happen again"... but we're not sure we shouldn't go higher up the chain of command her. This SW is a kook - but she's obviously vindictive and quite the blabber mouth - and I think her actions warrant more from us in response. Thoughts?!

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

It would be an issue first for the licensing agency and then for the Attorney General of your state.

JD 1992 :

However, the AGs rarely pursue these matters so you will likely only get results from the licensing agency.

JD 1992 :

In addition, you can file a complaint against her employer as well as her.

JD 1992 :

The last thing that you can consider would be to file for an injunction against her contacting anyone or discussing your specifics with anyone. That would have to be issued by a court and would, realistically, necessitate hiring an attorney and incurring some expense. There is a chance that these attorney's fees could be recovered but how good of a chance depends on your judge.

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