Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

HIPAA violation implications of physician patient admitted

Customer Question
with respiratory arrest due to...
HIPAA violation implications of physician patient admitted with respiratory arrest due to narcotic overdose; subsequently called in by chief medical officer of hospital and chief of staff and informed must refer himself to psychiatrist for treatment of drug abuse and for monitoring. Then chief of staff reports physician to state medical board which investigates and issues adverse consent order mandating five years of outpatient therapy and monitoring. Does physician have HIPAA recourse?
Submitted: 9 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 hours by:
10/1/2008
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,061
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
No, HIPAA does not prevent the release or sharing of patient information between medical personnel for the purpose of treatment. As far as sharing the information with the medical board, this may be a violation as there was no specific need for them to know as there may have been between the medical personnel. However, HIPAA gives you no private right of action regarding the release and your only recourse would be to make a complaint to the US Department of Health and Hospitals and let them investigate the matter and take action.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Ask Your Own Legal Question
Customer reply replied 9 years ago
CHIEF OF MEDICAL STAFF AND MEDICAL DIRECTOR WERE IN NO WAY INVOLVED IN TREATMENT OF THE PHYSICIAN PATIENT AND WERE NOT PRIVY TO HIS MEDICAL INFORMATION. AS HIS SELFINFLICTED INJURY WAS NOT IN ANY WAY RELATED TO HIS OWN CARE OF INPATIENTS AT THE HOSPITAL, THE MEDICAL DIRECTOR AND CHIEF OF STAFF HAD NO REASON TO ACCESS HIS CHART.
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
In that instance, there may have been a HIPAA violation and there may have also been a violation of your state's privacy law. However, there if there was a duty to report such drug abuse imposed by the medical board this may not have been a violation either. BUT, I suggest making your complaint to the US Department of Health. Second, you need to examine a breach of confidentiality and invasion of privacy suit under your state law, since HIPAA does not give you any private cause of action to sue under. Unfortunately, neither of these things will impact the sanctions placed upon you by the board.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,061
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 121,061
121,061 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

121,061 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is this confidential? Your website was helpful! Stateside. I
I am a Navy SELRES O-3 and I met someone that I am interested in Dating. She is AD Air Force, but I found out she is enlisted. She is not in my chain of command and not even on the same base. Since I met her in a civilian capacity, will this still be considered fraternization? Thank you for your help!… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,061 satisfied customers
I SIGNED A COMPETITIVE CONFIDENTIALITY AGREEMENT NOT TO GO
I SIGNED A COMPETITIVE CONFIDENTIALITY AGREEMENT NOT TO GO TO A COMPETITOR FOR 2 YEARS NUT I NEED TO LEAVE ITS ALL I BEEN DOING ALL MY LIFE … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Is this confidential? I am a contract. Texas. None
Is this confidential? JA: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out t… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
Is this confidential. I think I'm being scammed ... Here is
I think I'm being scammed ... Here is the story - I answered a CL post to meet up with an 18 yr. old man Before we ever met he said he was under 16 and I said forget it have I done anything criminally wrong? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
An ex employee stole confidential client information in
An ex employee stole confidential client information in order to seek business. Not sure how many, however couple of clients have come forth that they received calls from this ex employee. Is this a c… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I have a questions regarding a breach of confidentiality
I have a questions regarding a breach of confidentiality committed by a therapist. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
A coworker was to keep a conversation confidential have it
a coworker was to keep a conversation confidential have it in writing but she posted to social media naming a person I said I could sue for slander and also mentioning I thought he was stalking me but… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Everquote insurance using my confidential auto quote.Posting
Everquote insurance using my confidential auto quote.Posting on several site on Yahoo with my name and birthday without my permission. Can his co do this? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,061 satisfied customers
Will the conversation be kept in confidential? I have a
I have a question about the Release of Employment Information. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Is this confidential. I am a boss that had relation with an
I am a boss that had sexual relation with an employee. I am fearing that she will be filing a misconduct on my part. I know it was a mistake, what should i do … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I would like to get someone to create a confidentiality
I would like to get someone to create a confidentiality document for third parties who are helping me build my startup. This should also including any value they contribute is the startups etc.. … read more
Bill Attorney
Bill Attorney
law
1,596 satisfied customers
Is this considered confidential? I have an issue with my ex
I have an issue with my ex who has been stalking me. The weekend prior to this following incident I will briefly explain, I had someone (on audio) going through my room and drawers and there are audible voices on the video. Being that I have been denied for a protective order before, I was in the process of trying to gather enough to go to the court so the judge wouldn't turn me away. The following weekend, I had an incident where I woke up, and my cameras showed something that I thought to be an intruder earlier in the night. I called the police. It turns out one of the clips was in fact me, dropping a camera. After that, they dismissed everything else I had to say. They expressed that they believed I was mentally unstable. Didn't want to hear anything about the previous infusion. My sister in law spoke to the officer on my phone. I requested he not leave my presence while on it He did … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,316 satisfied customers
My friend accidentally disclosed a verbal confidential info.
My friend accidentally disclosed a verbal confidential info. As soon as realised she gave an apology. 8 months later she has been suspended with a view to dismissal. There was no benefit received or e… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am not sure I understand confidentiality agreements and
I am not sure I understand confidentiality agreements and breach of contract. … read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
I signed a Confidentiality and Non Disclosure Agreement with
I signed a Confidentiality and Non Disclosure Agreement with my current employer a few years ago. Now I want to start my own business within the same industry, also offering products and services in t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Re: mediation Does Florida statute on confidentiality of
Re: mediation Does Florida statute on confidentiality of mediation only apply to court ordered or does it apply to pre-suit when no confidentiality agreement is signed. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
Is a confidentiality agreement cover fraudulent activities
is a confidentiality agreement cover fraudulent activities by the person asking for the agreement? This isn't my employer. This is my soon to be ex boyfriends parents who have committed fraud a few ti… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Is this conversation confidential? I have a question
I have a question regarding a sensitive matter. In the past I have enjoyed looking at non sexualized, non nudity pictures of children in diapers online. Is this in itself illegal? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x