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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12952
Experience:  Significant experience in all areas of employment law.
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I am an office manager of an esthetics office. We have a

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hello, I am an office manager of an esthetics office. We have a patient who has some strange things happening which appear to be NOT a side affect of treatment in our office. We sent her to the emergency room to be tested for Bells Palsy. The ER dr happens to be someone that our provider trained. He told our patient that she didn't have Bells Palsy and it "could" be a symptom or side affect of the fillers she got here however he told her that he knew our office and providers and that she really is being treated by the best and unfortunately sometimes these things can happen. The patient is now telling us that the dr has said lots of negative things about our office but we know thats not the case. We think the patient is wanting money. My question to you is this, is it a HIPAA violation for our provider and the ER dr to speak regarding this patient. Can they do this without violating the patients rights. Seeing how they are both medical providers treating the same patient regarding the same incident.
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: we are in California
JA: Has anything been filed or reported?
Customer: I don't believe so. Do you mean has she taken any legal action
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't think of anything

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

It comes down to whether the communications are necessary for the treatment of the patient. If the communications are not necessary for treatment but rather relate to potential malpractice exposure, the communications would not be permitted. But if there is a legitimate treatment related concern, then HIPAA would not be implicated.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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