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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 12472
Experience:  Attorney with significant personal injury experience
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I live in Texas. I was in a car accident eight years ago.

Customer Question

I live in Texas. I was in a car accident eight years ago. I've been in the care of a pain management doctor for a number of years since. I went to California to see a doctor who said medical marijuana might give me better relief than opioids. After three weeks of that therapy, I found medical marijuana didn't work for me. When I went back to my pain management Doctor, he administered a drug test and I came up positive for marijuana. He dropped me as a patient. He told me he would be including the drug test in my medical records, without my consent, as I try to find another doctor. Is that against HIPAA guidelines?
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 10 months ago.

This is understandably quite frustrating. However, nothing you have described suggests a violation of HIPAA or any other law. HIPAA simply prohibits the disclosure of protected health insurance to third parties without authorization. Including the drug test in your medical records is not a disclosure of medical information. Those records would then need to be released to someone who wasn't authorized to view your medical records in order for there to be a violation.

Unfortunately, it's also not legal to drop you as a patient because of this. It's unfair and most doctors wouldn't do this. But doctors, like other professionals, are free to deal with patients of their choosing. They are not legally required to treat anyone except in certain very limited life and death situations.

Most doctors won't care less than you tested positive for marijuana. I would suggest finding another doctor who is more reasonable and less punitive in their approach toward dealing with patients. You can do better than this guy.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 10 months ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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