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My Doctor Violated HIPPA

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jeanna006

Junior Member
What is the name of your state (only U.S. law)? Texas

My Doctor release medical information to my employer without my permission. I work for an Optometrist and he is in the same building that my Doctor is in. He received notification of some sort of prescription fraud. This Doctor had recently fired a few of her employees for prescription fraud. So The Dr. I work for, Dr. D. goes over to confront her (my personal doctor) to see if she know about any of this or if it could have possibly been her employees. She instantly shows him a paper that she got from insurance company about me with 1 of the prescriptions on mine the same that was fraudulently called in. I confronted her about it and she admitted that she was wrong. I told her that now he is questioning my character and that I don't even feel comfortable at work anymore.

Please any advise will be greatly appreciated :)What is the name of your state (only U.S. law)?
 


jeanna006

Junior Member
I want to file a complaint and I want to sue the doctor.....

She made me like bad to my employer and I do not feel comfortable where I work anymore.
 

cbg

I'm a Northern Girl
JAL has provided you with the information to file a complaint. However, HIPAA gives you no right of suit.

In other words, you CAN file a complaint. You CANNOT sue the doctor.
 

lealea1005

Senior Member
What is the name of your state (only U.S. law)? Texas

She instantly shows him a paper that she got from insurance company about me with 1 of the prescriptions on mine the same that was fraudulently called in.

Was there a fraudulent prescription written in your name?
 

LillianX

Senior Member
Sure you did. *Pats you on the head*.

EVERYONE who comes here and doesn't hear what they want to hear responds with "MY ATTORNEY SAID OTHERWISE."

If your attorney told you that you were able to sue for a HIPAA violation, you have a bad attorney. Not that we believe you actually spoke to one.
 

jeanna006

Junior Member
I don't care what you believe, honestly.

False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being."[5] If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.
 

justalayman

Senior Member
Okay well she put my job in jeopardy, I've already spoken to a lawyer, thanks.....
best of luck. I suggest you explain your situation much more clearly with the lawyer than you have here. I cannot figure out what was shown to your employer nor why your employer would go to your doctor and even inquire about some forged prescriptions. There must have been a reason for the inquiry and depending what was shown, there may not have been a HIPAA violation.
 

cbg

I'm a Northern Girl
False light laws have nothing to do with HIPAA violations.

But since you (and your "attorney") have all the answers, you don't need us any more. Don't slam the door on your way out.
 

quincy

Senior Member
jeanna, did your attorney suggest that there was evidence enough of reputational injury to support either a false light/invasion of privacy action or a defamation action?
 
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