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I phoned my sisters Dr with concerns of her excessive

I phoned my sisters...

I phoned my sisters Dr with concerns of her excessive prescribed and recreational drug use while driving one week post op from a knee replacement. HE followed the Hippa laws (not revealing that she was indeed his patient). Two weeks later, the office phoned my sister and revealed my name as the concerned party. Do I have any recourse for this action?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

The patient lives in Arizona.

Lawyer's Assistant: Has anything been filed or reported?

Not to my knowledge. I initially called the MESA crises line and was told to call the police the next time she was phoning me while driving. OR, I could call her Dr.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’m worried about my safety for possible retaliation from her sons.

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Answered in 3 minutes by:
3/10/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,843
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.
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Are you asking if revealing your identity was a HIPAA violation?
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Customer reply replied 4 months ago
Since I am not the patient, I didn’t think Hippa applied to me. Do I have any privacy rights that were violated?
Customer reply replied 4 months ago
I’m feeling uncertain of this process. I would like to cancel.
Ok. No problem.
Let me know if you would like an answer.
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Customer reply replied 4 months ago
Since I am unable to sleep... Let’s talk!
Customer reply replied 4 months ago
Sorry, I mean let’s continue chatting on line.
Ok. Give me a moment to retype my answer.
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I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.You are correct that there is no HIPAA involvement here.
Also, by making the call to her doctor, he then had to report the suspected drug abuse possibly involving drugs he was prescribing or risk losing his prescribing or medical license.
So, there was no inherent privacy right in you calling. The doctor had no legal obligation to not disclose your name because you were not his patient and there is no other law regarding privacy which would come close to applying in this situation.I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels.If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
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Are you still online with me?
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Customer reply replied 4 months ago
I anticipated this response. When the NEWS has been pleading, “See something, say something” they don’t warn of the unexpected consequences. My actions are having a ripple effect througout the family but maybe, just maybe, I helped prevent someone from harm.
You did the right thing. What you did was done because you cared and you did not want a tragedy occurring.
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,843
Experience: 30 years experience representing clients.
Verified
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Loren
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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).

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