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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116715
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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VA-Honolulu HI. The VA doctors invaded my privacy and when

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VA-Honolulu HI. The VA doctors invaded my privacy and when I complained; they changed my doctor. I suffered emotional stress. I'm a Disabled Veteran, 100%, Vietnam Era, USMC. They lied and said I requested it; in which the VA's Patient Advocacy confirmed. More information in 18 pages of documentation.
How did they invade your privacy? What are you seeking to do here? Please explain the situation.
Customer: replied 4 years ago.

They're supposed to ask if they could have any trainees, with the pharmacist, etc., to be in office; because of patient doctor confidentiality. Then on my follow-up appointment Lisa, the Pharmacist, left the door opened; even though my wife was with me. She was paranoid, prejudice, and descriminated, and violated my privacy. I told Lisa both times she was violating my privacy and demanded an apology. She refused. When I complained, my Primary care doctor, called me up and chewed me out! They're to serve us, not vice versa. And doing what she did causes emotional stress on disabled Veteran's: especially having PTSD. It was none of my doctor's business and she knew she was wrong. Then my doctor and her head doctor's changed my doctor and lied; saying I requested it from the VA's Patient Advocacy; in which they said the doctor's were lying as well. I also contact the VA's Secretary, Shinsheki; per the PA's INSTRUCTIONS. I also contacted the VA's Inspector General. In which I believe the VA doctor's intercepted their response; or then didn't respond. This happened since Sept-October 2012.

Iwant to sue them for this. ASAP! It hasn't relieved my heart and most like they're still getting away with it. We have rights to ask questions because we're disabled, etc. But to be punished for it is not right at all.

You need to file a complaint with the US Department of Health And Hospitals against the doctor and pharmacist and the hospital for a violation of your rights under HIPAA. The HIPAA laws do not provide for any private right to sue I am afraid (see: 65 Fed. Reg. 82566), which means that a patient cannot bring a personal suit for violation of their HIPAA rights, the sole right of enforcement of HIPAA is investigation by the Department of Health and Hospitals and they have the sole right to levy fines or pursue criminal charges under HIPAA.

I am afraid the problem you also have is that because this is a federal facility and not a private or state facility, they are exempt from the state laws on medical records privacy, which is the only law you could have sued them under. This means I am afraid that you could not sue the VA for breach of the duty of confidentiality or negligence per se in state court for violation of HIPAA under the HI state laws in HI state courts as the federal hospital has to be sued in Federal Court under federal laws. This means under HIPAA and this means you can only file a complaint with the Department of Health and Hospitals I am very sorry to say as the law prevents you from suing under HIPAA.

Thus, you need to file your HIPAA violation complaint with the Department of Health and let them pursue the case against the hospital and doctor and this is going to be your sole recourse.

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