Dentist Discussing Teeth With Other People

[jas01]

Hello everyone, I have a question that I'm hoping someone here can answer...My mom was referred to a dentist by a good friend of hers. She had an upcoming situation and she wanted her teeth to be presentable. Her friend gave her the name of the doctor and she went. My mom told me the doctor discussed her teeth among other things with her friend in front of workers as well as other patients. Because I'm a medical student I told her that he was breaking HIPAA's privacy rule(?) I'm not 100% certain so I guess my question is did he do anything wrong and are there any actions my mom can take. She's humiliated and doesn't want to show her face at that dentist office again. Any and all thoughts are welcome and thanks in advance.

 

[Proserpina]

Hello everyone, I have a question that I'm hoping someone here can answer...My mom was referred to a dentist by a good friend of hers. She had an upcoming situation and she wanted her teeth to be presentable. Her friend gave her the name of the doctor and she went. My mom told me the doctor discussed her teeth among other things with her friend in front of workers as well as other patients. Because I'm a medical student I told her that he was breaking HIPAA's privacy rule(?) I'm not 100% certain so I guess my question is did he do anything wrong and are there any actions my mom can take. She's humiliated and doesn't want to show her face at that dentist office again. Any and all thoughts are welcome and thanks in advance.

You perhaps need to go back to school and look at HIPAA laws again.

While the dentist wasn't perhaps discrete, there is no violation as far as I can see. She can of course make a complaint here: http://www.hhs.gov/ocr/privacy/hipaa/complaints/


But she hasn't won the lawsuit lottery though. Sorry.

 

[jas01]

Whoooaa didn't ask for the 'tude. My mom is feeling really down and humiliated wanted to give her FACTS. Which is why I came on a public forum to ask for help. Didn't say I was knowledgeable about HIPAA just that I knew of it

 

[quincy]

Hello everyone, I have a question that I'm hoping someone here can answer...My mom was referred to a dentist by a good friend of hers. She had an upcoming situation and she wanted her teeth to be presentable. Her friend gave her the name of the doctor and she went. My mom told me the doctor discussed her teeth among other things with her friend in front of workers as well as other patients. Because I'm a medical student I told her that he was breaking HIPAA's privacy rule(?) I'm not 100% certain so I guess my question is did he do anything wrong and are there any actions my mom can take. She's humiliated and doesn't want to show her face at that dentist office again. Any and all thoughts are welcome and thanks in advance.

What is the name of your state, jas01?

Is the dentist your mother saw part of a dental school "teaching" clinic, where the dentist was instructing dental students? Discussion of your mom's dental issues, then, would be expected. As a medical student, you will be instructed in the same way.

 

[jas01]

What is the name of your state, jas01?

Is the dentist your mother saw part of a dental school "teaching" clinic, where the dentist was instructing dental students? Discussion of your mom's dental issues, then, would be expected. As a medical student, you will be instructed in the same way.

Firstly, thank you for your kindness and patience apparently that's hard to come by nowadays. I live in Central California. I'm not sure if it's a teaching school, but I don't think it is. He basically told my mom's friend some of the problems with her teeth as well as why she needed work done in such a hasty time. I don't know all the details but I know she's really distraught and doesn't think he should be allowed to talk about her situation with so many people around or at all for that matter. She's embarrassed.

 

[quincy]

Firstly, thank you for your kindness and patience apparently that's hard to come by nowadays. I live in Central California. I'm not sure if it's a teaching school, but I don't think it is. He basically told my mom's friend some of the problems with her teeth as well as why she needed work done in such a hasty time. I don't know all the details but I know she's really distraught and doesn't think he should be allowed to talk about her situation with so many people around or at all for that matter. She's embarrassed.

It is hard to tell from your secondhand account if what was said by the dentist violated your mother's privacy. It depends on what exactly he said, and to whom, and for what purpose.

Certainly a dentist should not be freely discussing personal patient information with random people, or within earshot of uninvolved others, without the express consent of the patient. Permission could have been obtained from your mom with the signing of a consent form prior to the examination, though. You might want to find out from your mom if she went to a dental clinic connected to a dental school, because that can make a difference.

For a good look at HIPAA and how it applies to dentists and dental records, the American Dental Association has some information you might find helpful: http://www.ada.org/sections/professionalResources/pdfs/dentalpractice_dental_records.pdf

If your mom is really upset and embarrassed by what occurred, she does have the option of going to a different dentist. I do not see offhand that there is any legal action to pursue or any complaint worth filing. A polite conversation with the dentist could perhaps help in a better understanding between your mom and the dentist? I would advise she talk with the dentist before anything else.

 

[Proserpina]

Whoooaa didn't ask for the 'tude. My mom is feeling really down and humiliated wanted to give her FACTS. Which is why I came on a public forum to ask for help. Didn't say I was knowledgeable about HIPAA just that I knew of it

For perhaps the first time ever, I'm disagreeing somewhat with quincy (!).


The problem is that a HIPAA violation doesn't exactly provide any monetary reward and as a general rule, HIPAA actually gets in the way of private suits. Damages are also incredibly rare because it's so difficult to prove actual damages.

There's a nice explanation here: http://www.flhealthlaw.com/blog/hipaa-violations-when-can-you-sue/

(You did actually imply that you knew what was involved when you told your mother he'd broken the law. Hence my response)

 

[jas01]

For perhaps the first time ever, I'm disagreeing somewhat with quincy (!).


The problem is that a HIPAA violation doesn't exactly provide any monetary reward and as a general rule, HIPAA actually gets in the way of private suits. Damages are also incredibly rare because it's so difficult to prove actual damages.

There's a nice explanation here: http://www.flhealthlaw.com/blog/hipaa-violations-when-can-you-sue/

(You did actually imply that you knew what was involved when you told your mother he'd broken the law. Hence my response)

Maybe I came to the wrong site for help. I wasn't trying to imply that my mom wanted any type of capital gain. She just doesn't feel someone practicing medicine should be practicing medicine if he's divulging her personal information outside of her consent. I will however apologize if I give you the impression I knew what I was talking about...if I did, I probably wouldn't have googled medial malpractice advice. I'm not studying to be a lawyer. I want to be nurse, Ha.

Again with the 'tude. I never told her he broke the law. I said he MAY have broken the HIPAA privacy rule which states, and forgive me, I'm paraphrasing, no doctor is allowed to discuss a patients condition or any other health information without their written consent to do so.

 

[commentator]

My dentist and the staff that treats me, including the tech who cleans, the one who assists with procedures, the one who charts, reads the X-rays, all freely and openly discuss my teeth and various dental issues while working on them. They even asked me if I minded if the other dentist in the practice came in and got a look at something that was going on.( Long story) I did not mind, wasn't embarrassed at all.

But the way this sounds, the friend recommended the dentist, and then perhaps went with your mother, went into the exam with her, and thus became part of the discussion while treatment was taking place? Or called to ask what needed to be done to your mother, and the dentist discussed her case with the friend?

I'm a little confused. Are you saying the dentist embarrassed your mother by talking about her dental issues with the staff that was also working on her at that time? That they went outside somewhere, or saw your mother's friend somewhere else and discussed her dental issues? Or did all this take place in the office?

What on earth could they have said that would so horribly have embarrassed your mother that she never wants to go back to this dentist? Did he rebuke her for a lack of oral hygiene or regular care? I am having a difficult time understanding how this situation went on.

 

[quincy]

For perhaps the first time ever, I'm disagreeing somewhat with quincy (!).

OH NOOOOOOO!!!!

The problem is that a HIPAA violation doesn't exactly provide any monetary reward and as a general rule, HIPAA actually gets in the way of private suits. Damages are also incredibly rare because it's so difficult to prove actual damages.

There's a nice explanation here: http://www.flhealthlaw.com/blog/hipaa-violations-when-can-you-sue/

(You did actually imply that you knew what was involved when you told your mother he'd broken the law. Hence my response)

I actually don't see where we disagree, though, Proserpina. I provided the ADA link (even though it is 2010 vintage) because it is an easy to read overview of HIPAA and it also goes over what a dentist's office should do to best avoid HIPAA and privacy violations, and it provides links to state privacy laws (which may or may not apply, depending on facts).

At any rate, more information from jas01 or his mom could help us a bit.

 

[Proserpina]

OH NOOOOOOO!!!!



I actually don't see where we disagree, though, Proserpina. I provided the ADA link (even though it is 2010 vintage) because it is an easy to read overview of HIPAA and it also goes over what a dentist's office should do to best avoid HIPAA and privacy violations, and it provides links to state privacy laws (which may or may not apply, depending on facts).

At any rate, more information from jas01 or his mom could help us a bit.

I am having a very odd weekend, my friend. You're right - we're not actually disagreeing (phew) . I think I'll blame the DMV (sounds good, yes?)

 

[quincy]

I am having a very odd weekend, my friend. You're right - we're not actually disagreeing (phew) . I think I'll blame the DMV (sounds good, yes?)

I think there are six degrees of separation between all of life's woes and the DMV.

 

[MrsParker]

Anyways there isn't much of a legal action you can take according to me. What your mom can do is talk to the doc or even file a letter of complaint to the concerned authorities. Hope it works out for your mother, I know its hard for her.

 

[quincy]

Anyways there isn't much of a legal action you can take according to me. What your mom can do is talk to the doc or even file a letter of complaint to the concerned authorities. Hope it works out for your mother, I know its hard for her.

One of the problems with posting to older threads, MrsParker, is that any advice provided now is probably no longer of any help to the original poster.

The original poster did not return to answer the questions asked of him, and the answers to these questions could have potentially allowed us to give greater advice and direction for him to relay to his mother. Because he did not return with any additional information, it is impossible for anyone to say whether there is/was legal action for his mother to consider or not.

In other words, please do not revive any more old threads, MrsParker. Thanks.

 

[MrsParker]

One of the problems with posting to older threads, MrsParker, is that any advice provided now is probably no longer of any help to the original poster.

The original poster did not return to answer the questions asked of him, and the answers to these questions could have potentially allowed us to give greater advice and direction for him to relay to his mother. Because he did not return with any additional information, it is impossible for anyone to say whether there is/was legal action for his mother to consider or not.

In other words, please do not revive any more old threads, MrsParker. Thanks.

Sure, I apologize for any discomfort. You have a great day! Thanks for the heads up