Management gave out my personal and private info to an employee!!!

[mk33]

What is the name of your state (only U.S. law)? Kentucky
I was recently let go from my job, on the day before I was terminated I had taken my daughter to the doctor because she had a rash that we were treating previously, after taking her the doctor I had called my supervisor and explained that she was treated for scabies, again I said treated not that she had scabies but the doctor wanted to rule out this cause before we could go any further, my supervisor then asked "what is that?" I told her what the doctor had told me in confiedientiality. So when I return to work everyone had asked me is it true does your daughter have scabies and this includes all of my coworkers, I was so humilated and devastated that she would give out my information to my peers. I have a friend who still works there and they are telling her don't touch my stuff because its highly contagious, and spraying my desk with lysol. Is this right? Don't I have the right to my privacy? I sent an email to the president of the company with my complaint and immediatly the director of HR called me apologizing, this doesnt make up for my reputation and the humiliation of my daughter!!! Is there something I can do? I have called an attorney and he stated he will try to get them to settle, The question I am asking is do I have a case? And how much of a settlement?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Kentucky

like what...
And???

 

[mk33]

I mean should I sue?
and for what?

 

[tranquility]

You've got an attorney, listen to him. I can't see how the payoff is going to be large--how were you hurt (in money)?

 

[cbg]

So, what was said that was not true? How did this untrue statement damage you? What law do you think would have prohibited this information being released?

 

[Hot Topic]

Scabies is highly contagious (in dogs, it's called mange). Yes, I would want to know if a co-worker's daughter, son, husband, etc., might have been exposed to it. And I would have a right to, no matter whose "feelers" got hurt.

The fact that you're asking how much $$$$$ you should ask for indicates that a big check will probably sooth your "humiliation."

 

[I'mTheFather]

Yes, I would want to know if a co-worker's daughter, son, husband, etc., might have been exposed to it. And I would have a right to, no matter whose "feelers" got hurt.

Uh, no, you wouldn't.

 

[Ladyback1]

Scabies is highly contagious (in dogs, it's called mange). Yes, I would want to know if a co-worker's daughter, son, husband, etc., might have been exposed to it. And I would have a right to, no matter whose "feelers" got hurt.

You have the right to know that there was a possible contagious disease exposure. What you wouldn't have a right to is knowing where the contagion started.

Employers have to be uber careful how that inform employees of a possible exposure. Broadcasting the name of the employee who possibly brought in a contagious disease is a violation of PHI.

 

[cbg]

Except that not all or even most employers are subject to HIPAA, and not all or even most information, even health information, is legally PHI even with those who are.

 

[swalsh411]

Who said anything about HIPAA? HIPAA has nothing to do with it.

I see no laws being broken here. At best, a company policy was violated. Just because HR apologized doesn't mean there is a winable lawsuit here.

 

[startedone]

What is the name of your state (only U.S. law)? Kentucky
I told her what the doctor had told me in confiedientiality.

Loose lips sink ships. You just let the cat of the bag. Your boss is not under any secrecy agreement regarding what you tell him, right?

I don't see any case here.

 

[cbg]

Broadcasting the name of the employee who possibly brought in a contagious disease is a violation of PHI.

You're right, swalsh - HIPAA has nothing to do with it - at least as far as we know. We don't really know enough to say for absolutely certain one way or the other. But the above quote is invoking HIPAA, even if the responder who posted it (or you) don't realize it. Protection of PHI is through HIPAA.

 

[Zigner]

Slow down the whole PHI-roll here folks. The employer was passing on information about a 3rd party, NOT about the employee. This is information that the employee freely gave.

This has nothing to do with PHI

 

[cbg]

Precisely my point.

ETA: Okay, granted I was going at it from a different direction. But it was not PHI either way.