Re: HIPPA rights

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On 2/26/08, jane wrote:
> On 2/26/08, Jenn wrote:
>> 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.
>
> JENN, THANK YOU FOR YOUR RESPONSE. AS FAR AS A LAWSUIT, I AM
> NOT SURE WHAT IT IS I AM LOOKING FOR REALLY. TRUST ME ON THIS,
> WITH MY MOM FINDING OUT THEN TELLING MY SISTER, ISSSSSS THE
> BASIS OF MY GUILTY FEELINGS!IF YOU ONLY KNEW MY MOTHER!! MY
> HUSBAND AND I WERE OK WITH OUR DECISION. EVEN MY DR. AGREED
> ANOTHER PREGNANCY WOULD BE VERY DIFFICULT AND THE THOUGHT OF
> ANOTHER MISCARRIAGE, I JUST COULDN'T GO THRU WITH IT. THE
> LETTER FROM THE HOSPITAL DOES INDEED ADMIT WRONGDOING. I DID
> NOT READ THE FINE PRINT OF EVERY DOC I SIGNED THAT DAY, BUT I
> RECALL ONE IN PARTICULAR AT THE HOSPITAL THAT DID THE SURGERY,
> THAT INFO WAS ONLY TO BE GIVEN TO MY HUSBAND! BUT SINCE
> TECHNICALLY THAT WASN'T THE OFFENDING HOSPITAL, THAT PART
> DOESN'T SEEM TO MATTER. IT'S JUST NOT FAIR. IF I HAD AIDS OR
> SOMETHING AND THIS HAPPENED, WOULD MY RIGHTS CHANGE? I DON'T
> GET IT! WHY ARE THESE LAWS IN PLACE THEN? THE HOSPITAL WHERE I
> WAS AT, I HAD THEM SPEAK WITH MY MOTHER AND SHE TOLD THEM
> EXACTLY WHAT HAPPENED. BECAUSE AT FIRST I THOUGHT SHE CALLED
> THERE AND THEY HAD LET IT SLIP. SO YOU THINK THERE IS NOTHING
> THERE? AT ALL? WHAT IF IT WAS SOMEONE THAT SAW ON THIS
> TRAVELING SURGERY LIST AND WAS A DEVOTE CATHOLIC AND THOUGHT,
> SO WHAT, SHAME ON HER, AND JUDGED ME AND SAID WHAT THEY SAID
> TO MY MOTHER TO PUNISH ME?? HOW FAIR IS THAT? IT'S NOT LIKE I
> HAD AN ABORTION OR SOMETHING! THERE IS NO WAY I WOULD CONSPIRE
> WITH ANYBODY FOR ANY WRONGFUL GAIN. PART OF MY DEPRESSION
> STEMS FROM THE 5TH MISCARRIAGE I HAD LESS THEN 2 MONTHS BEFORE
> THE SURGERY. I UNDERSTAND IT IS A HE SAID SHE SAID, BUT AREN'T
> MOST OF THEM????? THANK YOUAGAIN FOR YOUR RESPONSE, AT LEAST
> SOMEBODY LISTENED TO ME. :(

Your reasons for having the procedure done are completely
understandable and legitimate. The question is whether you are
going to give your mother and others the power to make you feel
bad about a decision that was ENTIRELY yours to make and clearly
in the best interests of your health. Personally, I'd tell them
all to buzz-off and that it's none of their damn business. Good
luck to you.