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I was recently diagnosed with a UTI and went to the hospital…

Customer Question
I was recently diagnosed...

I was recently diagnosed with a UTI and went to the hospital (I also have been treated for ptsd, panic disorder and insomnia due to being bipolar as well) and have switched from my family doctor due to malpractices and bad bedside manner to a medication management called EVERHEALTH for almost a year where I was prescribed the same things every month (clonazapam and zolpidem plus other mood stabilizers) and then I went through two surgeries within 6 weeks of each other and was prescribed pain medication. Then I started having seizures which my neurologist prescribed meds for that plus a higher dose of clonazapam. Which I had a seizure that caused me to have second and third degree burns between my legs and the back of my legs and was hospitalized four hours away from my home. So pain meds was prescribed. When Everhealth became unaffordable I finally found a dr that prescribed the same things but for a three month prescription. Well, ever since I had my gastricsleeve surgery I have been having chronic UTIs for two years and the pain got so bad I thought I might have a kidney infection so I went to the ER - was offered toradol which I refused because it makes me sick. The dr came and ask some questions but never explained why or gave me any info. So when the nurse came back in I asked for if I could talk to him again and she pulled up my chart and starting getting hostile and calling me a drug seeker - to the point of yelling where other patients could hear and read off my medical chart and personal information (including my pharmacis) for everyone to hear. I asked her why is she say this to me and talking to me this way and she continued to be rude and hostile and continued to yell at me about my medication list in front of other patients. I never asked for pain medication so I don't understand why she acted that way. Plus she didn't even know my history of the past year. My main point is that she bullied me and violated the HIPAA thing by telling my personal medical business in front of other patients in the open. What do I do? What lawyer/attorney do I look up? I want to sue honestly.

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

Texas

Lawyer's Assistant: What steps have you taken so far?

None. It just happened around 1:45 so no one is open. But I did talk to the nighttime supervisor and filed a complaint against her but the nighttime supervisor said that the day time supervisor will contact me when he can (morning I suppose)

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

That I want justice and to sue the hospital for negligence because I was so stressed afterwards that I had a seizure when I got home.

Submitted: 3 months ago.Category: Legal
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Answered in 2 hours by:
4/3/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,785
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.

Under HIPAA, if you can prove she disclosed your personal health information to others without your consent, there is no private personal right to sue, you have to file a complaint with the US Department of Health and Human Services for violation of HIPAA. See: https://www.hhs.gov/hipaa/filing-a-complaint/index.html

If the US DHHS finds that there was a violation of HIPAA, since they are the sole agency with enforcement authority under HIPAA, then you can file a suit in state court against the nurse and hospital for breach of their duty of confidentiality of medical records and seek damages.

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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Customer reply replied 3 months ago
What if can prove it? I know the time and room number that women was in during everything. Can my lawyer or attorney subpoena her? And then will I be able to sue?
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

Even if you can prove it, you have to file the claim through the US Department of Health and Human Services first, because there is no private right to sue. If the US DHHS substantiates your case, then YES, you can indeed sue her in STATE COURT for breaching her duty of confidentiality of medical records.

So yes, you can sue her in state court, but you still have to make your complaint to US DHHS for the violation of HIPAA.

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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Customer reply replied 3 months ago
I finished the complaint online through the link you have sent. I am also talking with a law firm that says that she did in fact violate the HIPAA rule and didn't understand (viewing the hospital records) that why they didn't give me something stronger for pain because their reasons was not valid or reasonable. They are also including my stress seizure I experienced afterwards. My further question is.. to take this to state court.. how much can they be sued for? Will it be just against her or the doctor and hospital itself?
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

The law firm should not be telling you that without reviewing the medical records and having an independent doctor review them, that is not very ethical of them, since they are lawyers and not doctors. However, you would sue the hospital and the nurse and the doctor, all of them.

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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Customer reply replied 3 months ago
They have a doctor expert on hand that reviewed my file. How much could I possibly win and will she ever work again as a nurse since she did that?
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

It depends on the damage they can prove you suffered as a result. They have to review the medical records to make a proper value determination.

If US DHHS finds she committed the HIPAA violation, she likely will never be hired by any other medical employer with that on her record.

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