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Patrick, Esq.
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Category: Employment Law
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Part One: I went to a doctor, who was upset that I did not

Customer Question

Part One: I went to a doctor, who was upset that I did not want to quit smoking, and discharged me back to work without restriction while still under care and in physical therapy. My appointment was at 8 am, and a co worker had an appointment the same day at 3 pm. While she (co-worker) was there for her appt. The doctors nurse and co worker were talking about me, the nurse told the co worker that I had left my appointment before they were finished with me, and she also knew I was discharged back to work. To make a long story short, the co worker told the nurse she would get in contact with me and have me call the nurse back. What rights do I have here for the state of Kentucky?
Part 2: After calling and speaking with the nurse, and explaining that I received a call from co-worker that I needed to call the office, and explained that this was a hipaa violation, I received a call the following work day to be informed that my doctor has now released me from his care, and that I should find another doctor. any advise?????
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

What you describe certainly does amount to a HIPAA violation. Your remedy in that case is to report the violation to the Department of Health & Human Services, which is the federal agency that enforces HIPAA. The DHHS will investigate and penalize the medical office. The nurse who committed the violation may also be disciplined by the nursing board. Generally, this is the extent of your legal remedies for a HIPAA violation, though. You cannot sue for personal damages under HIPAA because HIPAA expressly bars the victims of HIPAA violations from doing so.

As for being released from this doctor's office, physicians have a right to decide who they want to do business with, just like any other service provider. So, regardless of whether the reason is fair or even true, they can refuse to provide further service. The only exception to this general rule is in cases of emergency medical services where the patient would be harmed by sudden release from care without notice. However, this would not seem to apply.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Were you able to view my answer? Please let me know if there is anything further I can do to assist you....