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can I sue my gyn office? HIPAA violator

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nicole203

Junior Member
What is the name of your state? Marylandundefined[/FONT
I get blood work and test every time I go to the gyn. Something my dr suggests just to be safe. This last time I called the office to get my HIV test results and the nurse told me "everything came back negative" I said oh "good, I hate waiting for those results” she responded in a demeaning tone "well maybe you should change your lifestyle” she took me so off guard my instant reaction was to defend the, in my opinion, whore comment. So I in turn responded "my husband cheated on me and I had to deal w/ alot and since- I get the tests all the time. AND I have been w/ the same person for over a year since that happened” she responded "well I guess that’s circumstances that you can’t control"

That was the end of the conversation. The way she made me feel is unbelievable.--I was so upset I had to stop the training class I was in. Then I called the office back told them how upset I was and how dirty she made me feel. I explained that I am not comfortable even going there anymore. This happened 2-9-05. I have been going there 12 years! The dr called me back and left a message on 2-10-05 and said he was so sorry that she was going to have disciplinary action against her and so forth. He then told me that she has worked there for 7 years or something--I don’t care. He said he would call me back 2-11-05 to speak to me in person. He never called-I called 2-14-05. We discussed how awful it was and how I know the whole office is talking about it-I’m not comfortable. He said the situation is being talked about-- but not YOU, he said we have to make sure it doesn’t happen again.
For all she knew I was raped 2 weeks ago I told him. He apologized for her and said she didn’t know my situation but she doesn’t need to know my situation and should of never invaded my privacy.

I could be a prostitute but it is none of her business and not her place to make me feel as so when that’s not the case. He told me they haven’t talked to her yet b/c they weren’t sure how to approach the situation or how far they were going to take the disciplinary action. He told me from now on I could talk directly to him instead of anyone else.

The fact that I had to tell her that my husband cheated on me, I had to relive that not only to her but everyone in my training class.

Is there anything I can do? Can I sue them. THIS IS JUST NOT RIGHT
 
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cbg

I'm a Northern Girl
I don't blame you for being upset. But this is not even remotely close to a HIPAA violation (which has to do with unauthorized release of your medical information); nor do I see any grounds for a lawsuit.
 

rmet4nzkx

Senior Member
There is no HIPAA violation. If you had not called during your training class, they would not have known, that is your fault. The doctor has appologised and made other arrangements for you. You over reacted. If you want no one to know, get the test at the health department.
 

nicole203

Junior Member
rmet4nzkx said:
There is no HIPAA violation. If you had not called during your training class, they would not have known, that is your fault. The doctor has appologised and made other arrangements for you. You over reacted. If you want no one to know, get the test at the health department.
I understand what you are saying, however, it wasn't a point of not letting anyone know about the test or the results. It was what she implied, the way she made me feel. I shouldn't have to defend my character to a dr's office that I have been a patient for over 12 years. I should not have to go to a clinic. This office is the same one that delivered my child. I guess there isn't anything I can do. It's just not right to ASSUME that my lifestyle is one of multiple partners or that I need to change my lifestyle. Thanks for your help.
 

rmet4nzkx

Senior Member
You overracted, who are you angry with? You are the one reading far more into it than was meant and expecting someone there to be punshied for the fault of someone else. What have you done about your relationship that is at the bottom of this mess?
 

nicole203

Junior Member
rmet4nzkx said:
You overracted, who are you angry with? You are the one reading far more into it than was meant and expecting someone there to be punshied for the fault of someone else. What have you done about your relationship that is at the bottom of this mess?
No repsonse from you was requested BUT AGAIN thanks for your help!
 

rmet4nzkx

Senior Member
Nicole,
Get some counseling. If you are already in therapy, discuss this with your therapist. This is not a legal issue but rather an issue for therapy. I'm sorry you don't like the advice.
You are wlecome.
 

nicole203

Junior Member
cbg said:
I don't blame you for being upset. But this is not even remotely close to a HIPAA violation (which has to do with unauthorized release of your medical information); nor do I see any grounds for a lawsuit.
thank you for your advice
 

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