HIPAA Law

[mr_man]

I was just wondering in the state OK could an employer call a doctor and ask if you are a patient and if you had been seen on a certain day? My G/F works at the hospital here and they will get fired if they tell anyone that anyone is in the their care. Just wondering because my H.R. just called my doctors office and asked if i was there and if i had been seen by the doctor and the nurse just gave up all the info.

[Budlite74]

hmm ... im not 100% but I have contacted my employees doctors and they can tell you they have visited but not the whole reason .. that is confident i think

[bigkarch]

I think they can, but only that...some docs will others wont..know the exact procedure or medical info they cant disclose...I also have heard that some docs are releasing info to insurance companies....there are grey areas in the HIPPA laws....

[BITTA]

is the girl in your avatar a nurse? OMFG!!

[mr_man]

Originally Posted by bigkarch

I think they can, but only that...some docs will others wont..know the exact procedure or medical info they cant disclose...I also have heard that some docs are releasing info to insurance companies....there are grey areas in the HIPPA laws....

Does it matter that it was the nurse and not the doctor? with out doc's permission to give this info out. and your right about the grey areas in that law. it will not no way and then in the next sentence it says that it is OK. so I'm really confused.

[HORIZONCHEMICALRESEARCH]

No, All Info Is Supposed To Be Confidential. Which Is Why If You Notice When Dr. Calls House To Give Update And Patient Isnt There They Wont Leave Any Info. Just Say They Will Call Back Later.

Insurance Companies And Dr's Privacy Laws Are Kind Of Funny, Technically Not Supposed To, But Insurance Companies Pay Doc's So There Will Be Conflict Of Interest.

No Medical Employee Is Supposed To Give Out Medical Info, Nor Specifically Discuss Other Patients Among Themselves If Its Not Work Related

but It Happens All The Time

Can You Sue? If You Can Prove That The Breach Caused You Damages.

Now You Can Call To The See If A Patient Is In Hospital, Like In The Emergency Room, But They Wont Tell You If They Are At The Abortion Clinic.

The Reason That Employees Cant Discuss Patient Issues Amongst Themselves Is Because You Never Know Who Knows Who. Shit A Dr. Cant Even Get Your Med Records In A Lot Of Cases Unless You Go To Medical Release And Sign For Your Own Records To Be Shared.

Other Reasons For Non Disclosure May Be Due To Malpractice Issues. Dr's Insurance Companies Must Insulate Themselves If Dr. F's Up.

[mr_man]

Originally Posted by HORIZONCHEMICALRESEARCH

Can You Sue? If You Can Prove That The Breach Caused You Damages.

This what I was wanting to know? Yes it cause damages. It cost me my job. And the person that has given the info out has admitted to giving the info to my old employer.(obvious I was fired). And had told the doctor that she has done it. So she can be sued. But what about the person that caused all of this by making the call to the doctor's office? She is really the one i want to get back on at he most. but I will take all of them down if I have to, they sure as fuck didn't mind taking me down, with a house payment and 2 new car payments.

[mr_man]

Originally Posted by BITTA

is the girl in your avatar a nurse? OMFG!!

and no she is not a nurse, but she liked to play like one.

[HORIZONCHEMICALRESEARCH]

Originally Posted by mr_man

This what I was wanting to know? Yes it cause damages. It cost me my job. And the person that has given the info out has admitted to giving the info to my old employer.(obvious I was fired). And had told the doctor that she has done it. So she can be sued. But what about the person that caused all of this by making the call to the doctor's office? She is really the one i want to get back on at he most. but I will take all of them down if I have to, they sure as fuck didn't mind taking me down, with a house payment and 2 new car payments.

there is a cap on lawsuits for medical employees which varies from state to state ( i believe) now if your attorney can prove the person intended to maliciously harm you then the cap is removed and the jury can award punitive damages (meant to punish) but it doesnt look like this is the case.

Im no attorney but if this was in fact the direct reason and cause for your loss you may be have a case.

The problem you will run into is finding an attorney that will take this on a contignency fee. which they would get %30 of any fees awarded.

more than likely this case would have be put on retainer. and all court cost fees, depositions, subpeonas, billable hours would be paid by you.

even in this case attorneys may shy away cuz they are blood suckers and go for the easy accidental death injury cases, the ones that are easy open and shut and require no work and pay well.

Even in Rush Limbaughs case prosecuters tried to subpeana his doctors and the judge rule that dr. client confidentiality would not be allowed to be broken. and prosecuters had to make their case without his dr.'s while under their care.....LIKE THAT WOULD HAPPEN IF IT WERE YOU OR I.

I almost went into the medical field so know a little about the oath but its been many yrs and im sure lots has changed but your case is exactly why there is no disclosure.

Good luck

[JOEYZ]

ABSOLUTELY NOT!!! The ONE and ONLY way they can give out ANY information about you is if you specifically list the persons name on the form you sign at the doctors office. HIPPA law are a very serious deal with healthcare providers. We have to continually take classes and training to keep up with proper procedures. If you get fired from your job from over this I would sue the doctors office. Your wife, mother, kids, friends, ect, ect.....cant even call and find out unless you have specifically signed saying that its OK for them to obtain information about you. In the unit I work it I cant even confirm a person is in the hospital without a password given by the family. They are very strict laws and you have every right to sue if they are not upheld.