HIPPA Violation

[convoy71]

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

My wife just learned of a serious diagnosis on a paper she received at her last doctor's visit, March 12, 2012. Although she didn't thoroughly read the paper until last week, the test for this problem took place June 2011. Since she is diabetic since last April and doctor's are still working on keeping the blood sugar numbers under control, she had a blood drawing Monday April 30. When a nurse called to inform her of the blood sugar results from that blood draw, my wife asked how a "strange diagnosis" on the paper from the doctor's visit March 12.

The nurse she talked to asked "how did you find out about this diagnosis". She replied "I have a paper in my hand from my last doctor's visit". The nurse replied "that diagnosis" should not have been on the paper, I have to talk to management. (That's pretty much admitting a violation of HIPPA.)

We have not heard back since. Take my word, the diagnosis is very serious. But this should have been discussed in private with doctor and not printed on a paper. And the testing for this diagnosis was last year, so the problem could have escalated (may still yet) and become a serious health risk IF WE/SHE HAD NOT READ THE PAPER AND NOT INFORMED BY DOCTOR! THAT'S MALPRACTICE!

Due to circumstances, we lost our health insurance so we are working on obtaining a new one. So have to wait till at least June/July for another doctor's visit/testing.

 

[Proserpina]

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

My wife just learned of a serious diagnosis on a paper she received at her last doctor's visit, March 12, 2012. Although she didn't thoroughly read the paper until last week, the test for this problem took place June 2011. Since she is diabetic since last April and doctor's are still working on keeping the blood sugar numbers under control, she had a blood drawing Monday April 30. When a nurse called to inform her of the blood sugar results from that blood draw, my wife asked how a "strange diagnosis" on the paper from the doctor's visit March 12.

The nurse she talked to asked "how did you find out about this diagnosis". She replied "I have a paper in my hand from my last doctor's visit". The nurse replied "that diagnosis" should not have been on the paper, I have to talk to management. (That's pretty much admitting a violation of HIPPA.)

We have not heard back since. Take my word, the diagnosis is very serious. But this should have been discussed in private with doctor and not printed on a paper. And the testing for this diagnosis was last year, so the problem could have escalated (may still yet) and become a serious health risk IF WE/SHE HAD NOT READ THE PAPER AND NOT INFORMED BY DOCTOR! THAT'S MALPRACTICE!

Due to circumstances, we lost our health insurance so we are working on obtaining a new one. So have to wait till at least June/July for another doctor's visit/testing.

What was this diagnosis? Why do you believe having this diagnosis written on her notes is a violation of HIPAA? Was it someone else's diagnosis?

 

[tranquility]

I'd ignore any purported "violation" of HIPPA. However, if you were diagnosed with a serious and treatable condition and were not informed in a timely manner, you would have a valid malpractice suit and, probably, enough damages for an attorney to take the case on contingency.

 

[convoy71]

I'd ignore any purported "violation" of HIPPA. However, if you were diagnosed with a serious and treatable condition and were not informed in a timely manner, you would have a valid malpractice suit and, probably, enough damages for an attorney to take the case on contingency.

I am not about to reveal my wife's diagnosis HERE. It's serious however, TO FIND IT ON A PAPER given in the office AND NOT REVEALED IN PRIVATE TO THE PATIENT BY THE DOCTOR IS A HIPPA VIOLATION. (THE PATIENT FINDS OUT HER OWN BY ACCIDENT AFTER RE-READING A PAPER)

We discussed with other family members and few co-workers of mine, they all said this is a HIPPA violation.

 

[cbg]

And are all of them HIPAA experts? (It's not HIPPA, it's HIPAA - you might at least get the name right.)

It is NOT a HIPAA violation for there to be a written diagnosis in her medical file. What do you imagine goes there?

 

[Proserpina]

I am not about to reveal my wife's diagnosis HERE. It's serious however, TO FIND IT ON A PAPER given in the office AND NOT REVEALED IN PRIVATE TO THE PATIENT BY THE DOCTOR IS A HIPPA VIOLATION. (THE PATIENT FINDS OUT HER OWN BY ACCIDENT AFTER RE-READING A PAPER)

We discussed with other family members and few co-workers of mine, they all said this is a HIPPA violation.

They would ALL be wrong.

Try reading about HIPAA. Here, this might get you started: http://www.privacyrights.org/fs/fs8a-hipaa.htm

And read tranquility's post again please.

 

[Proserpina]

And are all of them HIPAA experts? (It's not HIPPA, it's HIPAA - you might at least get the name right.)

It is NOT a HIPAA violation for there to be a written diagnosis in her medical file. What do you imagine goes there?

I think the OP is complaining that his wife wasn't told verbally - she found out via something written in her file, instead.

 

[Zigner]

I am not about to reveal my wife's diagnosis HERE. It's serious however, TO FIND IT ON A PAPER given in the office AND NOT REVEALED IN PRIVATE TO THE PATIENT BY THE DOCTOR IS A HIPPA VIOLATION. (THE PATIENT FINDS OUT HER OWN BY ACCIDENT AFTER RE-READING A PAPER)

We discussed with other family members and few co-workers of mine, they all said this is a HIPPA violation.

What is HIPPA?

Now, if you're referring to a HIPAA violation, then you shouldn't take advice from the arm-chair HIPAA experts

 

[ecmst12]

This is not a HIPAA violation. This is not anything even remotely RESEMBLING a HIPAA violation.

 

[convoy71]

I think the OP is complaining that his wife wasn't told verbally - she found out via something written in her file, instead.

My wife researched the CDC website, "YOU MUST BE TOLD VERBALLY, NOT JUST IN WRITING!"

 

[Proserpina]

My wife researched the CDC website, "YOU MUST BE TOLD VERBALLY, NOT JUST IN WRITING!"

And this pertains to a HIPAA violation...how?

Look - this is nothing to DO with HIPAA. Period. End of story.

Now, if you read tranq's post and take the suggestion....you might get somewhere. (Why the CDC is even mentioned here is beyond me...well..unless the wife has some sort of communicable or reportable disease....)

This thread seriously has gone as far as it can. If you think there has been a HIPAA violation, report it per the appropriate website - it's easy to Google. There will be no financial pay off for you though, even if there WAS a violation (which there isn't).

If you think there has been medical malpractice, your wife can take her records to a personal injury or med-mal attorney who will review them. If they take the case on contingency, that's usually a good sign. If they won't, or ask for a ton of money up front - you might want to rethink the whole thing.

 

[Zigner]

My wife researched the CDC website, "YOU MUST BE TOLD VERBALLY, NOT JUST IN WRITING!"

So how does that morph in to a HIPAA violation?

 

[Proserpina]

So how does that morph in to a HIPAA violation?

I have no idea. OP didn't read the link I provided, obviously.

 

[tranquility]

You are wasting your time on the purported violation. While others may argue with your intransigence on if there was a violation, I choose not to. Instead, I ask you to review the benefit to you if a violation were found. Google it if you will, I'll wait.

Don't tell me you found out that HIPAA does not have an actionable provision??!!! (In that you can't personally sue for a violation.) My goodness, you're telling me that all you can do with a reporting of the violation to the government is to get the provider in trouble? (Whatever that will mean--depending on the facts.) Then, WHAT GOOD IS IT TO BE TALKING ABOUT? Sure, if there was a privacy violation, the common law allows for privacy torts. Two problems here. One, is there was not a privacy tort committed. And, two, what are your damages from the privacy violation? (My guess is zero.)

Think to the malpractice. Think about what I wrote and what the damages are.

 

[ecmst12]

I'm guessing that there was no treatment that would have made a difference in her condition and so, no damages.