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I was hospitalized, the nurses refused to let me see my

Customer Question
I was hospitalized, the...

I was hospitalized, the nurses refused to let me see my medical information, against hospital policy. is this a civil rights violation

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Michigan

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

I reported it to the hospital risk management

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

No I was going to file a complaint but I didnt know if it was a civil rights violation in addition to HIPAA violation

Submitted: 5 months ago.Category: Legal
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Customer reply replied 5 months ago
I am a RN and my husband is a vascular surgeon MD, their actions resulted in a prolonged hospital stay and I could have died
Answered in 14 minutes by:
3/10/2018
Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,897
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is not a "civil rights violation" as there is nothing in the constitution granting you such a right and this is not a government actor. It can be a violation of your patient rights under HIPAA to refuse to allow you access to your patient records, but there is also a provision stating if the medical staff can show that such access could be detrimental to the patient they can withhold such access until it does not pose such a risk. If they cannot prove showing you the information would be a risk, then it would be a HIPAA violation not a civil rights violation.

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Customer reply replied 5 months ago
1. My husband told the staff not to discharge me and they said they would wait until he got to the hospital. I was refusing to be discharged also, but they came in with the ambulance crew and said you are going.
I was in heart failure and I could't keep my oxygen up to acceptable levels= 91, in the ambulance my bp wqas 76 and my O2 was 68. they called the hospital who told them to keep going. I took an ambulance back during the night. In the ER my O2 kept dropping but they wouldn't admit me. I went home 18 hours later where my husband had to monitor me all night.2. untruths in the chart causing subsequent personnel to have an attitude when I requested O2 and monitoring,
the nurses put notes in the chart that my husband was bullying them by insisting to talk to my doctor, and that I was "claiming I was in heart failure". I was in florid heart failure. and it took 5 days and a call to the chief of surgery to get them to treat me.
Lawyer: Law Educator, Esq., Attorney replied 5 months ago

Thank you for your reply.

These are all claims of medical malpractice and you would need an independent doctor to write a report explaining how their conduct was below the reasonable standard of care, but they are grounds to file suit for malpractice for the conduct. It is still not a civil rights violation, it is a violation of HIPAA and it is medical malpractice

Under HIPAA there is no private right to sue, so you have to file a claim with the US Department of Health and Human Services, as they are the sole entity that can investigate HIPPA claims and enforce HIPAA.

Your suit against them would be for the medical malpractice for the negligent care you received.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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