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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34268
Experience:  16 yrs. of trial experience
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This is regarding HIPAA and Use of Dental Records fro

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This is regarding HIPAA and Use of Dental Records fro teaching purposes. My Dentist is a Faculty Member in a Dental School, he just informed me that he has been using (me) while teaching his class for a 'Long Time"
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: PA, Philadelphia
JA: Has anything been filed or reported?
Customer: No, not by me
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not yet

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma. But not sure I understand your specific question. Are you saying your dentist is using your records to teach his classes?

Customer: replied 8 days ago.
he is a PhD, DMD and is using my records / work done in his office on me to teach his class. I never was informed until about 3 weeks ago, and never gave him / school any okay.

can you tell me, is your personal identifying information part of this (for example your name/address/etc)?

Customer: replied 8 days ago.
I need the answers in writing now, as a would probably take action...

Sorry...I had asked a question...

can you tell me, is your personal identifying information part of this (for example your name/address/etc)?

Customer: replied 8 days ago.
You mean, my name as part of his teaching process, I do not know.
Customer: replied 8 days ago.
Are you there?

I am typing an answer...

Would you prefer to speak on the phone?

Customer: replied 8 days ago.
Not now, I live in Philadelphia PA, You are in AZ...Are you okay with this information for PA?

HIPAA is federal law.

Thank you for your patience

That will be an important item to find out...as it could impact your ability to file a lawsuit (if that is your goal)

IF you did not grant release (if you did not give the dentist permission to use your records), and the dentist released the records to others? That would violate HIPAA.

That said, you can NOT sue for a HIPAA violation. Your sole recourse is to report the violation to the Dept of Health and Human Services.

I ask about if they released your name? IF so, that would be a violation of your privacy rights...and that is something you could sue over.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 8 days ago.
Since this is University, am I able to notify the school about this problem?

Absolutely. You can demand they order he stop using your records without your permission.

Customer: replied 8 days ago.
Thank you, ***** ***** need to have this conversation sent to my email. Can I do this myself?

I have no ability to email you...I recommend you copy and paste the text if you want to preserve it...or use the "print screen" function.

Thanks!

And gentle reminder to please rate the answer

Customer: replied 8 days ago.
Thank you, ***** ***** finished

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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