Doctor Patient Confidentiality Breach?

[Pixius]

Hello, I am in NY. My mother recently changed doctors, due to her old doctor dropping her as a patient. When getting a new doctor and signing the form for the medical record transfer, she excluded the release of doctors notes, and anything not pertaining to her specific medical history. However when she first visited her new doctor, she was told that her old doctor had sent them a letter warning them that she is a "non-compliant, problem patient"! Not only do I find this extremely unprofessional, but it seems to me that it is a confidentiality breach.

Am I correct in this? Or are doctors allowed to confer with one another about personal feelings towards patients in letter form? OR would they argue that it was part of her medical records, thereby breaking the mandate my mother stipulated on their medical history transfer forms?

I am unsure how to proceed from this, who to talk to, or if there is even anything to discuss. Was this illegal? Any help would be greatly appreciated. Suffice to say my mother feels very uncomfortable now, this relationship she could have formed with her new doctor is shattered due to someones private opinions.

Thanks again for your time!

 

[Antigone*]

Hello, I am in NY. My mother recently changed doctors, due to her old doctor dropping her as a patient. When getting a new doctor and signing the form for the medical record transfer, she excluded the release of doctors notes, and anything not pertaining to her specific medical history. However when she first visited her new doctor, she was told that her old doctor had sent them a letter warning them that she is a "non-compliant, problem patient"! Not only do I find this extremely unprofessional, but it seems to me that it is a confidentiality breach.

Am I correct in this? Or are doctors allowed to confer with one another about personal feelings towards patients in letter form? OR would they argue that it was part of her medical records, thereby breaking the mandate my mother stipulated on their medical history transfer forms?

I am unsure how to proceed from this, who to talk to, or if there is even anything to discuss. Any help would be greatly appreciated. Suffice to say my mother feels very uncomfortable now, this relationship she could have formed with her new doctor is shattered due to someones private opinions.

Thanks again for your time!

Why would you be proceeding???

 

[Pixius]

Why would you be proceeding???

I meant proceeding in a form of legal action, or filing some sort of complaint at the very least.

 

[TheGeekess]

Hello, I am in NY. My mother recently changed doctors, due to her old doctor dropping her as a patient. When getting a new doctor and signing the form for the medical record transfer, she excluded the release of doctors notes, and anything not pertaining to her specific medical history. However when she first visited her new doctor, she was told that her old doctor had sent them a letter warning them that she is a "non-compliant, problem patient"! Not only do I find this extremely unprofessional, but it seems to me that it is a confidentiality breach.

Am I correct in this? Or are doctors allowed to confer with one another about personal feelings towards patients in letter form? OR would they argue that it was part of her medical records, thereby breaking the mandate my mother stipulated on their medical history transfer forms?

I am unsure how to proceed from this, who to talk to, or if there is even anything to discuss. Any help would be greatly appreciated. Suffice to say my mother feels very uncomfortable now, this relationship she could have formed with her new doctor is shattered due to someones private opinions.

Thanks again for your time!

The old doctor is merely warning the new doctor that there's a non-compliance issue with the patient. If your mom isn't going to comply with prescribed treatment, then she is wasting a doctor's time that could be spent with a patient who is compliant.

 

[Antigone*]

I meant proceeding in a form of legal action, or filing some sort of complaint at the very least.

Oh, that is easy. You have no case. You have no complaint or legal action to file either.

Have a good day.

 

[Pixius]

The old doctor is merely warning the new doctor that there's a non-compliance issue with the patient. If your mom isn't going to comply with prescribed treatment, then she is wasting a doctor's time that could be spent with a patient who is compliant.

I am well aware of that, but this isn't an issue of whether my mother is a good patient who listens, it was an issue with the doctors right to send that latter. Wouldn't that be a breach of confidentiality? These doctors don't work together, they are 40 miles apart!

 

[Pixius]

Oh, that is easy. You have no case. You have no complaint or legal action to file either.

Have a good day.

Would it be asking too much for you to explain the reasoning behind that? Why there is no case for even a complaint? I would prefer to understand how this works, I couldn't find that information readily available online.

 

[TheGeekess]

I am well aware of that, but this isn't an issue of whether my mother is a good patient who listens, it was an issue with the doctors right to send that latter. Wouldn't that be a breach of confidentiality? These doctors don't work together, they are 40 miles apart!

Short answer: No.

 

[Antigone*]

Would it be asking too much for you to explain the reasoning behind that? Why there is no case for even a complaint? I would prefer to understand how this works, I couldn't find that information readily available online.

There are several reasons, but here is the main one. You have not been damaged.

 

[Pixius]

Alright, thank you both for replying. To clarify, she was conforming to their requests, but she is sociophobic and has severe IBS, so she trouble getting to appointments sometimes. She missed too many I suppose, so he kicked her out.

 

[Zigner]

http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html


Read and become enlightened

 

[CSO286]

I am well aware of that, but this isn't an issue of whether my mother is a good patient who listens, it was an issue with the doctors right to send that latter. Wouldn't that be a breach of confidentiality? These doctors don't work together, they are 40 miles apart!

What part of Doctor A telling Doctor B that a patient is a "problem patient" is a release of private health information?

I am certain that the release your mother signed included some sort of line like "any additional information necessary to continued care".

 

[CSO286]

Alright, thank you both for replying. To clarify, she was conforming to their requests, but she is sociophobic and has severe IBS, so she trouble getting to appointments sometimes. She missed too many I suppose, so he kicked her out.

Doctors don't drop patient simply for missed appointments.

Why didn't your mom call to reschedule her appts?

There has to be more to it, if she was labelled as a problem patient.

 

[ecmst12]

It is 100% acceptable, every time, in all cases, for doctors to share information regarding a patient for reasons of her treatment. Her previous doctor felt that it was important for the new doctor to know about the history in order for him to be able to treat her appropriately. The new doctor needs to know that this is the kind of patient that they will need to set clear rules and boundaries for so that they can have a productive relationship.

It was also completely inappropriate for your mother to attempt to have her previous notes withheld from her new doctor and would have immediately raised suspicion about what she was trying to hide. As I said above, the new doctor does not actually NEED a specific HIPAA release to get her records from the old doctor because they are necessary for her treatment.

 

[cbg]

Oh, that is easy. You have no case. You have no complaint or legal action to file either.

Have a good day.

YOU have no case because YOU have no standing to file any kind of case, complaint or legal action. If anyone did, it would be your mother. NOT YOU. But, for the reasons already explained, she doesn't have a case, complaint or legal action either because there was no illegal breach.

YOU dont have one because it's none of your business.