Can I sue my doctor?

[hidden]

I live in NY state.
I am being treated for a back injury and am being treated by the same doctor for about 8 month. The last visit I was in the office with the doctor. The secretary ( office help) came into the office. She hovered over the doctor while he was asking me questions and reading what he was writing on the computer and proceeded to ask me questions about my personal life, daily activities and my injury. She also questioned the doctor as to why he had once sent me back to work if I was not completely better. She was in the office for the entire session. After my visit she took the printout and started to read it found things that did not sound right to her and went back into the doctor because she found some mistakes.Is this invasion of privacy? Can I sue.

 

[shell007]

I live in NY state.
I am being treated for a back injury and am being treated by the same doctor for about 8 month. The last visit I was in the office with the doctor. The secretary ( office help) came into the office. She hovered over the doctor while he was asking me questions and reading what he was writing on the computer and proceeded to ask me questions about my personal life, daily activities and my injury. She also questioned the doctor as to why he had once sent me back to work if I was not completely better. She was in the office for the entire session. After my visit she took the printout and started to read it found things that did not sound right to her and went back into the doctor because she found some mistakes.Is this invasion of privacy? Can I sue.

NO! It could have been his nurse, CNP, MA, resident, on and on and on. This was one of his employees, not someone he invited off of the street to take a look see.

 

[HomeGuru]

NO! It could have been his nurse, CNP, MA, resident, on and on and on. This was one of his employees, not someone he invited off of the street to take a look see.

**A: the post states it was the secretary correct. Good response.

 

[shell007]

OP wrote:

The secretary ( office help) came into the office.

There were many many times where I was/looked like (the office help) in addition to being the surgeon's personal assistant, MA, x-ray operator, billing secretary, worker's comp. claims specialist, nurse, surgery scheduler, personal answering machine, courier, luch lady, interior decorator, blah, blah, blah.

In any event...unless it was a stranger off of the street merely inquiring for the heck of it...you got nothin (slang)!!!

 

[HomeGuru]

OP wrote:



There were many many times where I was/looked like (the office help) in addition to being the surgeon's personal assistant, MA, x-ray operator, billing secretary, worker's comp. claims specialist, nurse, surgery scheduler, personal answering machine, courier, luch lady, interior decorator, blah, blah, blah.

In any event...unless it was a stranger off of the street merely inquiring for the heck of it...you got nothin (slang)!!!

**A: what's a luch lady? I picture high heeled boots, mini skirt, thong, low cut tube top, make up..... standing on the busty oops busy street corner**************

 

[shell007]

**A: what's a luch lady? I picture high heeled boots, mini skirt, thong, low cut tube top, make up..... standing on the busty oops busy street corner**************

NO, NO, NO!!!

Lunch lady meaning: I decided what he wanted to eat, took the order, placed the order, picked the order, paid for the order, delivered the order! And YES...it was all food (not #*!##)

Your funny!

 

[rmet4nzkx]

I live in NY state.
I am being treated for a back injury and am being treated by the same doctor for about 8 month. The last visit I was in the office with the doctor. The secretary ( office help) came into the office. She hovered over the doctor while he was asking me questions and reading what he was writing on the computer and proceeded to ask me questions about my personal life, daily activities and my injury. She also questioned the doctor as to why he had once sent me back to work if I was not completely better. She was in the office for the entire session. After my visit she took the printout and started to read it found things that did not sound right to her and went back into the doctor because she found some mistakes.Is this invasion of privacy? Can I sue.

This is not a violation and often office staff are present during exams etc. It is very possible this employee communicates with insurance or case managers for the doctor.

 

[Hillbilly Trash]

Or maybe, just maybe, our writer is just too stupid to be alive.

 

[HomeGuru]

Or maybe, just maybe, our writer is just too stupid to be alive.

**A: then that is definitely a serious medical condition.

 

[zippysgoddess]

If she was reviewing and catching errors to make sure your file, and information is correct, then why on earth would you be upset about it? Geez, think about it, do you realize how hard it is to correct errors once they make it into your medical file?

Just becaus she works in a secretarial position, also doesn't mean that is all she is, she might also be a CNA, RN, LPN, PA, or CRNP. Many offices have employees who work in multiple capacities to cut expenses. Just because you saw her at the desk, doesn't mean that is all she is qualified to do.

 

[shell007]

If she was reviewing and catching errors to make sure your file, and information is correct, then why on earth would you be upset about it? Geez, think about it, do you realize how hard it is to correct errors once they make it into your medical file?

Just becaus she works in a secretarial position, also doesn't mean that is all she is, she might also be a CNA, RN, LPN, PA, or CRNP. Many offices have employees who work in multiple capacities to cut expenses. Just because you saw her at the desk, doesn't mean that is all she is qualified to do.

That's what I said at 12:34 and 12:58. Thanks for concurring with me!

 

[MedLegalNrs]

Please refer to this link. http://www.hhs.gov/news/facts/privacy.html
It gives an overview and synopsis of what is and is not considered private/confidential health information.

As a patient, you have the right of privacy of your health record and your MD has the legal duty to ensure that those rights are protected. No such information is to be made available to anyone except to those individuals who are directly involved with your care. A secretary is not directly involved with your care and, as such, has no right to read, review nor comment on the content of any medical history that is obtained and documented by your MD. To allow his employee to violate your civil rights is a violation of the federal statute more commonly known as HIPAA. The fines to the MD and employee can be quite hefty.

The actions of your MD do not constitute medical malpractice nor negligence, therefore, you do not have a basis for a lawsuit. You can, instead, file a complaint with the U.S. Department of Health and Human Services • Office for Civil Rights. The above link also lists that information.

Additionally, in the future, as the patient, you have the right to request that persons not suitable to you be excused from the examination room.

Hope this helps.

 

[zippysgoddess]

LOL! Welcome shallandty!

 

[hidden]

What happened to the legal advice

I live in NY. I've been going to this doctor for over 8 months. I know what her position is. I know where she worked before. How long have you with all the opinions been seeing the same doctor.You think you know so much about this person who was in the office. Stop reading between the lines. Maybe you like talking about you medical problems to every Tom Dick and Harry but I don't. I thought this was a legal forum to help people. It seems that it just about nasty people who don't have a life and think they know it all. Pick a simple phrase apart.This use to be a good sight. If you don't know what you are takling about keep your opinions to yourself.Thanks for all the intelligent remarks. I didn't know 2 year old were allowed on this site. Also stick to the facts. Stop reading more into it than it is. Just answer the questions. Good name hillbilly trash.I'm sure it suits you.

 

[hidden]

Thank you MedLegalNrs

I live in NY.

Thank you MedLegalNrs for taking the time to respond to my question.I will check out the web site. Thanks again.