doctor sent my mammogram results to the WRONG address!

[tutti456]

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

So I recently had a mammogram done by my doctor. By mistake, the clinic or the doctor sent my test results to someone else instead of me. The other person has the same name as me but lives in a different town.

Now is this a privacy breach for giving out my personal information/test results? and can I sue?

 

[Proserpina]

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

So I recently had a mammogram done by my doctor. By mistake, the clinic or the doctor sent my test results to someone else instead of me. The other person has the same name as me but lives in a different town.

Now is this a privacy breach for giving out my personal information/test results? and can I sue?

What are your damages?

 

[tutti456]

not sure what you mean by damages? but is it illegal for a doctor to send that information to anyone random like that?

 

[ecmst12]

Yes, this is a violation of HIPAA, though a minor one. Mistakes do happen. However, you can't sue as you have suffered no damages and the HIPAA law itself does NOT provide for any compensation to be given to "victims" of a violation.

 

[Proserpina]

not sure what you mean by damages? but is it illegal for a doctor to send that information to anyone random like that?

He did not send it to anyone randomly - it was sent to someone who shares your name. There is a difference, and it was a genuine error.

That aside though how have you been damaged by what happened?

(without damages there is generally no case regardless)

 

[tutti456]

so is there anything I can do about this at all?

 

[tutti456]

the only case for 'damages' is that I actually happen to know the person who got the results instead of me. so it was a bit embarrassing. but i doubt that would be enough to make a case, right?

 

[ecmst12]

You can complain to the practice and to the HIPAA board. But you won't get any money out of it.

 

[lya]

It was a mistake, plain and simple. As long as the office is a covered entity, HIPAA applies; but all HIPAA requires is that a system is in place to reduce the risks of errors such as this.

About all that can be done is to make sure the office has another 'identifier' in place. A "same name" warning 'sticker' should be with both patients' names. The patient, who is the original poster, should take care of this herself, without involving the government.

 

[Country Living]

A woman with your same name got your mammogram results. Your complaint is you are embarrassed about it. You either got a "you're OK" or a "we need to retake" on the letter. Are you embarrassed because you think "she" knows someone with her same name has breasts?

Lya made a good suggestion - have your account flagged.

 

[Adalaide78]

"OMG!" Molly exclaimed after opening her mail. "My friend Molly over in Townburg has breasts and has taken an important step in taking care of her health."

I'm not sure why you are embarrassed. I agree with Lya, just call your doctor and explain what happened and I'm sure they'll be more than happy to take steps insuring this never happens again. I also suspect they'll be apologetic.