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    Re: HIPPA rights

    Posted by Jenn on 2/26/08

    Unless you specifically opt out of it, hospitals can confirm
    that you are (or aren't) a patient at their facility.

    In the fine print of all the forms you signed, there is
    usually a whole set of clauses under which information can
    be disclosed. You usually sign off on all of this when you
    sign your consent for treatment. Included in these clauses
    is usually a clause allowing release of info for continuity
    of care, which includes releasing information to individuals
    who can be considered caregivers. This includes family
    caregivers.

    This is usually used when someone is actually providing
    hands-on care, but it wouldn't be surprising for a staff
    member to say more than he/she should because they assume a
    family member may be giving care after discharge.

    That being said, I'm surprised the hospital sent you an
    apology letter -- particularly if it acknowledges
    wrongdoing. Does it acknowledge wrongdoing? Or does it
    just say "Sorry you weren't satisfied with your experience?"

    In the end, it does come down to "we said/they said"...your
    mother cannot identify who she allegedly spoke with, and
    there's nothing preventing the hospital from suggesting that
    she actually obtained the info from your or your spouse and
    that you're colluding to sue the hospital. There's
    absolutely no paper trail of this sort of situation, and
    your mother's phone bill indicates only that she called a
    facility at which she thought you were being treated...not
    what was disclosed at that facility.

    So if you're looking for the big lawsuit because you feel
    guilty about having a tubal, and you feel extra-super-duper
    guilty because now your mom knows about it...you're likely
    out of luck. In addition to having trouble demonstrating
    that the info was improperly released, the hospital could
    just as easily argue that your depression is related to your
    religion and the procedure itself -- and that your mother
    knowing about it isn't the source of your guilt.

    Posts on this thread, including this one
  • HIPPA rights, 2/21/08, by Jane.
  • Re: HIPPA rights, 2/26/08, by Jenn.
  • Re: HIPPA rights, 2/26/08, by jane.
  • Re: HIPPA rights, 2/27/08, by Jenn.
  • Re: HIPPA rights, 3/11/08, by Terry.


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