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Can my doctor release my info if I broke his..

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gourami

Junior Member
What is the name of your state? VA
Can my doctor release my info if I broke his wall if he wants to file a claim?
I accidentally broke his fragile drywall during a visit. I paid $150 and now he wants another $100. That is too much and I do not want to pay. Is he able to use my name and address info to file a claim against me?
 


>Charlotte<

Lurker
I'm not sure I understand your question. In order to sue you for the repairs, he'd have to know who you are. He knows who you are because you are his patient and he, therefore, has your name and address and other identifying information in your file.

Are you asking if he is prevented by HIPAA from identifying you by name and address because that information, in this case, is in a medical file?
 

ecmst12

Senior Member
And the answer to that is no, he is not prevented by HIPAA from filing a claim with your insurance (or suing you) for damage you caused to his office.
 

Silverplum

Senior Member
What is the name of your state? VA
Can my doctor release my info if I broke his wall if he wants to file a claim?
I accidentally broke his fragile drywall during a visit. I paid $150 and now he wants another $100. That is too much and I do not want to pay. Is he able to use my name and address info to file a claim against me?
This is the bogus part. Drywall is many things: "fragile" ain't one of them. "Breakable," yes. "Fragile?" Ha. :rolleyes: ;)
 

gourami

Junior Member
Drywall, depending on it's thickness and whether or not there is any support behind the drywall can be pretty fragile. This particular wall was less than 1/2 inch thick and had no support behind it. My butt bumped into it and it broke, had this been the drywall at my home, it would of not broken.
 
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xylene

Senior Member
Drywall, depending on it's thickness and whether or not there is any support behind the drywall can be pretty fragile. This particular wall was less than 1/2 inch thick and had no support behind the entire wall. My butt bumped into it and it broke, had this been the drywall at my home, it would of not broken.
Inform this doctor to file a claim with his insurance.

If you are sued, counter sue for the 150 you have already paid.

I would like to know more about "My butt bumped into it"

You were not trespassing, so unless you were negligent or your act deliberate, I do not see how doctor had any claim at all.
 

mommyof4

Senior Member
I am going to be very nice and not ask the question I REALLY want to ask.

I am, however, going to ask how your butt accidentally bumped into the delicate wall. Were you just walking around and, OOPS! That was the wall. Or were you dancing around the room in your skimpy gown and just kinda' shimmied into the thing? (my mental pictures are quite amusing to me. I'm sure you are not as amused. Sorry.) Or were you mad about a dianosis and just decided to start pummeling the wall (okay, with your butt, that's kinda' hard to picture, but I guess stranger things have happened)?

Either way, your name and other info is not protected if the doctor is filing suit or filing with your insurance for recouping damages.

But the doctor should submit his claim to HIS insurance first.
 
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Zigner

Senior Member, Non-Attorney
Inform this doctor to file a claim with his insurance.
Which the doctor is well within his right to refuse. And, if he DOES file the claim, then you'll be battling the insurance company! :rolleyes:

If you are sued, counter sue for the 150 you have already paid.
And lose.

I would like to know more about "My butt bumped into it"
I agree

You were not trespassing, so unless you were negligent or your act deliberate, I do not see how doctor had any claim at all.
And that's why the whole "butt bumping" thing needs to be clarified ;)
 

gourami

Junior Member
"My butt bumped into it" - I was sitting in the chair that was about 5 feet away from the reception desk facing toward it. The receptionist was processing the info on my insurance card and driver's license. She calls my name to get my cards back, so I walk up and get them. I am trying to put the cards back into my wallet as I walk back to where I thought my seat was, and sat down... on nothing. My butt fell to the floor, now i think about it, it was actually my back falling into the wall that broke it.

So do I have a case?
 
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ecmst12

Senior Member
I would call that negligently not looking where you were sitting. So you are liable for the damage.

Have him show you the estimate or bill from the contractor who did/will be doing the repairs. You must pay that amount. If it's more then $150, then that's what you need to pay.
 

lya

Senior Member
"My butt bumped into it" - I was sitting in the chair that was about 5 feet away from the reception desk facing toward it. The receptionist was processing the info on my insurance card and driver's license. She calls my name to get my cards back, so I walk up and get them. I am trying to put the cards back into my wallet as I walk back to where I thought my seat was, and sat down... on nothing. My butt fell to the floor, now i think about it, it was actually my back falling into the wall that broke it.

So do I have a case?
I just want to thank you for posting your questions and descriptions of events. Jolly good !
 

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