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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13514
Experience:  Experienced in multiple areas of the law.
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I recently went to the hospital for a severe cough cold/ and

Customer Question

I recently went to the hospital for a severe cough cold/ and ended up getting admitted to the hospital from the ER and being diagnosed with pneumonia and having fluid built up around my heart as well. After being admitted of coarse they performed many blood test and so on. During one of these blood test they must have evaluated my bloodstream for toxins and for obvious reasons. It was discovered that i had drugs in my bloodstream which had nothing to do with why i was in the hospital in the first place. After confronted about this i was honest as i thought to should be with the doctors for my healths sake. During this conversation i informed them that i would like this information to remain private between myself and the Dr, nurses and specifically to not be disclosed to my mother or family or friends who had no business knowing any of this anyhow. However the Doctor did exactly the opposite of my wishes and went on to tell my mother sister and few close friends who had came to visit me, that the reason i was in the hospital with serious symptoms of congestive heart failure was due to meth found in my system. Since these accusations were made i have been disowned and alienated by my family, served a protection order and forbidden to return or have contact with my mother and has caused multiple other serious infractions on my personal life such as being homeless and so on. my question is how can this be legal and what can i do about the fact that the hospital i went to help me actually ruined my personal life with my family being as they think i am a dangerous drug addict and don't feel safe around me which is completely and utterly false CAN YOU PLEASE HELP ME
JA: What state are you in? It matters because laws vary by location.
Customer: OMAHA NE
JA: Has anything been filed or reported?
Customer: You are my first contact other then a nurse called me to check on me after my discharge and i asked her who i needed to contact to discuss this matter which she was completely rude and didn't wanna help me
JA: Thank you.
Customer: Can you help[ me
JA: Anything else you want the lawyer to know before I connect you?
Customer: Unlesss there are any other details you may need in order to make sure the lawyer has all info needed for them which may interest the situation
Submitted: 8 months ago.
Category: Legal
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Under HIPAA privacy rules, a healthcare provider should not provide private information with your family or friends unless they are your representatives (such as your guardian).

However, the provider or plan can share your information with family or friends if:

  • They are involved in your health care or payment for your health care,

  • You tell the provider or plan that it can do so,

  • You do not object to sharing of the information, or

  • If, using its professional judgment, a provider or plan believes that you do not object.

So, for example, it would not be a HIPAA violation if your family was going to be taking care of you, and the doctor/hospital said something like "He developed CHF. as a result of drug use, and it is going to take time for him to recover at home, and he'll need your help with that."

If you believe the hospital/doctor/nurses violated your privacy rights, you can file a complaint against them with the Office for Civil Rights. The OCR can take corrective action against the provider, such as a fine/sanction. Filing a HIPAA complaint however will not provide you any type of financial remedy.

You could also look into filing a civil suit against the doctor/hospital for something like invasion of privacy.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Expert:  RobertJDFL replied 8 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.

Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you!