How do I report a Doctor?

[beaumontdebi]

What is the name of your state? Texas. I had a family doctor I was seeing for depression and other stuff because of an abusive husband. One time the doctor told me I had "herpes" without doing any type of tests. I took expensive medicine for years to "control" outbreaks I never had. My jealous husband started seeing this doctor, so I switched doctors. My new doctor did blood tests, etc and said I did not have herpes or any other type of STD. My husband and the first doctor started golfing together. I finally got the courage to leave my husband. In our temporary hearing for our divorce, my husband had my medical chart from the first doctor. In the chart there was a letter from the doctor saying I needed to be commited to a drug rehab hospital due to prescription drug abuse. I had not seen this doctor in years! Nor did I have a drug problem. My husband copied my medical chart and gave this out freely, showing everyone the doctors notes for my "having herpes" and needing "rehab for drugs". My question is, what can I do to this doctor? I spent hundreds of dollars on herpes medicine I didn't need, he gave my "private" records to my husband whom he knew (I went to him to get events documented) was abusive and I was divorcing, and he wrote a letter saying I needed to go to rehab (without doing the first drug test on me). I owned my own business and this was terribly damaging. Any help would be appreciated.

 

[ceara19]

Start with a complaint to the Medical Board.

Here is a link for Texas
http://www.tmb.state.tx.us/default.php

 

[butterscotch]

Who & What

My question is, what can I do to this doctor?

Regarding confidential medical information disclosed without your written consent:
Obtain more information about how your husband obtained a copy of your records from your physician. In a respectful manner, ask physician's office manager for a copy of "letter from the doctor saying I needed to be committed to a drug rehab hospital due to prescription drug abuse". This is a website that will have the information and forms for reporting a physician/staff who may have violated your right to privacy.

http://www.hhs.gov/ocr/hipaa

Privacy of medical treatment for drug and alcohol are more strictly regulated. This is a website where you can read about protection of that information as well.

www.samhsa.gov.

The fact that you say you took medicine for herpes and had no out break is testimony of the effectiveness of the medication. Is it your opinion or a statement of fact from the second physician that you did not need the medication?

The information that you provided your physician, your history, are symptoms from which a diagnosis can be made. A blood test may not be necessary make a diagnosis. Use caution when making accusations- excessive use of alcohol and/or combining it with medication can induce depression. Good luck.

 

[beaumontdebi]

thank you for your quick reply

I have gotten a copy of the letter from the doctor stating I needed to be admitted to rehab. I don't think it's ethical for a doctor to recommend that when he hasn't seen me or drug tested me. I thank you for the website to take this further. Now for the herpes part. My husband was very abusive in all ways. I was seeing this doctor to have documented proof of the abuse. My husband was sexually abusive. After one painful episode, I went to this doctor to have the abuse documented (building up to when I had the courage to leave, I'd have proof for the courts). He just TOLD me I had herpes, wrote it in my chart and gave me a prescription. I didn't have any type of outbreak. After my husband and the doctor became friends and started golfing together, I switched doctors. I told the new doctor what medication I was taking for herpes. The new doctor did blood tests and other test and said I didn't have herpes. I have never had an outbreak.
The doctor just made of copy of my medical records and gave it to my husband whom he knew was abusive and that I was divorcing. Isn't that a violation of my rights?

 

[beaumontdebi]

one more thing

I did't take the presription for depression because I didn't have insurance and couldn't afford it. I also don't drink. There was no drug abuse. I don't smoke either. I just can't believe it's legal for a doctor to write a letter like that. That's why I wanted to know how and where to report him. His being a golfing buddy of my husband has got to be a conflict of interest also.

 

[ceara19]

Regarding confidential medical information disclosed without your written consent:
Obtain more information about how your husband obtained a copy of your records from your physician. In a respectful manner, ask physician's office manager for a copy of "letter from the doctor saying I needed to be committed to a drug rehab hospital due to prescription drug abuse". This is a website that will have the information and forms for reporting a physician/staff who may have violated your right to privacy.

http://www.hhs.gov/ocr/hipaa

Privacy of medical treatment for drug and alcohol are more strictly regulated. This is a website where you can read about protection of that information as well.

www.samhsa.gov.

The fact that you say you took medicine for herpes and had no out break is testimony of the effectiveness of the medication. Is it your opinion or a statement of fact from the second physician that you did not need the medication?

The information that you provided your physician, your history, are symptoms from which a diagnosis can be made. A blood test may not be necessary make a diagnosis. Use caution when making accusations- excessive use of alcohol and/or combining it with medication can induce depression. Good luck.

There is no need for the OP to look into HOW someone else ended up getting the info from the doctor. The fact is, it happened and the OP can PROVE that it happened because the husband had them admitted in to evidence during divorce proceedings. It is now up to the DOCTOR to prove that his office played NO part in this and that will be virtually impossible unless they can produce a subpoena for the records to be released to the husband. I seriously doubt that they can since the OP would have been aware that the husband was petitioning the court for the release of the records. The only other way it could have happened without the assistance of someone in the office would be if the husband STOLE the files. Then the doctor would have been obligated to give proper notification that the patients privacy had been compromised to to an illegal act that his office played no part in.

Also, the fact that she has tested negative for herpes, has nothing to do with the efficacy of the medication she was prescribed. The standard test will still detect the virus even if it is dormant at the time of the test. When a person really does have herpes, the medication only helps to keep the virus dormant for longer periods of time. There is no medicine that "cures" the ailment. This is true for other strains of herpes as well, not just the sexually transmitted strand.

 

[rmet4nzkx]

You do realize that when you make abuse or psychological injury an issue, the accused may subpoena the records and of course you would also be doing the same, you don't necessiarly get to pick and choose what becomes evidence and a subpoena is an exception to the rules of confidentiality. It is perfectly legal for a doctor to respond to a subpoena, that doesn't violate HIPAA and most times it is the custodian of records that produces the documents, not the doctor. Was there a subpoena?

 

[ecmst12]

The blood test for herpes is not all that reliable, but if she'd never had an outbreak and never had any blood test previously, then there's no POSSIBLE way that her doctor could have diagnosed it. I can't imagine what would have made him tell her that. Was he guessing?

 

[rmet4nzkx]

The blood test for herpes is not all that reliable, but if she'd never had an outbreak and never had any blood test previously, then there's no POSSIBLE way that her doctor could have diagnosed it. I can't imagine what would have made him tell her that. Was he guessing?

Remember there is more than one form of herpes, the same medications may be given for chronic cases of conjunctivitis, commonly known as pink eye which may have several causes.
Herpes simplex virus type one (HSV-1, the type that causes cold sores), type two (HSV-2, or genital herpes) and herpes zoster (shingles) can cause conjunctivitis. So if OP came to the doctor when she was actively trying to document her abuse case against her husband complaining of symptoms of chronic irritated eyes the doctor could Dx and Rx for "herpes" the same symptoms or objective clinical findings could also indicate drug seeking or need for rehab. Her admission of documenting the abuse could have also been in the records and can be seen several ways such as malingering which must be considered and documented by the provider.

 

[ceara19]

There's another possibility that just came to mind. The husband was apparently well acquainted with this doctor and at one point was a patient. Maybe the doc KNEW for a fact that HUBBY has genital herpes. His actions would have been presumptuous, but it is not completely off the wall to believe that the wife had a much higher chance of being infected then the general population.

 

[panzertanker]

The blood test for herpes is not all that reliable, but if she'd never had an outbreak and never had any blood test previously, then there's no POSSIBLE way that her doctor could have diagnosed it. I can't imagine what would have made him tell her that. Was he guessing?

He could have diagnosed it based on physical findings that she may not have felt. Not all outbreaks cause pain.....remember that OP said he diagnosed her based on an exam after she was physically traumatized by husband. Physical discomfort/pain from assault may have been able to cover up any physical feelings she may/could have been experiencing.

 

[ecmst12]

He would still have had to do testing to diagnose, swab the area and do a culture, if he diagnosed based just on visual appearance I don't think that would be medically appropriate since other types of lesions can resemble herpes sores.

It's my understanding that shingles is caused by the varicella virus which is totally different then the herpes virus, as well. But perhaps "shingles" is just a term for the symptoms and it can be related to more then one virus.

About knowing that the husband has it, there's a thought. Maybe he did and he couldn't tell her because of priviledge, but if she's taking the antiviral drugs that will reduce her chances of contracting it from him (not as much as if HE were taking them, but maybe he refused). I know this is a bit of a stretch, but maybe the doctor was actually trying to protect her her.

 

[beaumontdebi]

More info to clarify

okay, this is really humiliating, but to clarify things I am going to go into more detail because I really need help with this issue. The first doctor I had been seeing, whenever I had a black eye, broken nose, whatever, I went and had it documented. I wanted a paper trail for when I got the courage to leave.
After one sexual assault from my husband I had forty stitches "inside" because I was "ripped and shredded to a pulp" (exact quote from ER Doctor). The ER Doc also said no sex for awhile so I could heal. This was not exceptable to my husband. A couple nights after the ER visit, my husband was so mad about the "no sex" issue, he punched me in my privates as hard as he could. I passed out from the pain and needless to say, there were bruises. THIS is why I went to my family practice doctor. I wanted the new bruises documented. When the doctor came in to examine me, he exclaimed "you have herpes". No cultures, no swabs, no type of test. No internal exam because I had already told him about the stitches. He didn't do ANYTHING. Just wrote it in my chart about the herpes. Well, I was stupid, naive and trusting. So for two years, I took the herpes medicine on a regular basis.
Then I found out my husband and he had become friends. I no longer trusted this doctor and switched doctors. I never went back to the first doctor. My new GYN took did all the herpes test. He told me I didn't have herpes. I've never taken medicine again for it and haven't had any problems. He also did test for EVERY STD, all negative.
A few years after that, I finally got the courage to run for my life. I went through the Victims Assistance Center for a protective order. My husband knew this. It took a few months to get into court for the protective order. DURING this time, my husband went to the first doctor and got him to write the letter saying I was a drug addict and needed rehab. I found out about the letter in court. My husband had a copy of my chart. My husbands brother is a narcotics officer in another state. (probably giving him advise to set me up)
I have never even had a speeding ticket. My husband had NOTHING to use against me in court. This is why I want to go after the doctor. The herpes incident is nothing compared to his writing a letter stating I needed rehab when he hadn't seen me in years and had nothing to base this letter on. I also got a copy of my chart. In the chart is a "phone message" from when my husband called the doctor to set up an appointment to see him. Apparently the doctor was busy and the nurse wrote a note that husband wants to see the doctor about "wifes drug abuse". This message is dated earlier than the date of the letter. This doctor had only prescribed antibotics for me. He even wrote I wouldn't fill the anti-depression medicine. But the documentation from the years of abuse was there.
There wasn't a court order for my records when the doctor gave him a copy. I didn't even think the doctor could discuss anything about me. Especially when he knew my husband was abusive and he was the one documenting it.
I feel very violated by this doctor and want something done about it. I was hoping the herpes incident would just add to the complaint against him. I spent about two hundred a month for around two years because of that.
I appreciate everyone's help on this.

 

[rmet4nzkx]

What did your attorney say or do when your husband presented your medical records as evidence? Do you know that he is entitled to a copy of everything you place into evidence anyway? You are going to have to live with the fact that he is entitled to copies of your medical record when you use them to document the abuse you are accusing him of and the items about which you are upset, can be dealt with by your attorney. You really need to discuss this with your attorney.

 

[loveumms]

He would still have had to do testing to diagnose, swab the area and do a culture, if he diagnosed based just on visual appearance I don't think that would be medically appropriate since other types of lesions can resemble herpes sores.

It's my understanding that shingles is caused by the varicella virus which is totally different then the herpes virus, as well. But perhaps "shingles" is just a term for the symptoms and it can be related to more then one virus.

About knowing that the husband has it, there's a thought. Maybe he did and he couldn't tell her because of priviledge, but if she's taking the antiviral drugs that will reduce her chances of contracting it from him (not as much as if HE were taking them, but maybe he refused). I know this is a bit of a stretch, but maybe the doctor was actually trying to protect her her.

That is a very logical thought!

Varicella zoster is the same thing as herpes zoster - causes chicken pox originally and then shingles when the virus is reactivated.

It is actually not true that only HSV-1 causes oral lesions and only HSV-2 causes genital. They both can cause either. Of course 1 is more likely to cause oral and 2 is more likely to cause genital but, we are seeing a lot more 1 in the genital region. HSV-1 causes about 80% of oral and 20% of genital, and reverse it for HSV-2 (20% oral and 80% genital).

The CDC says that 1/4 woman has HSV-2 and about 80% of the US population is found to be seropositive for HSV-1 (meaning antibodies to HSV-1 are found in the serum = the person has been exposed to the virus).

So, it is possible that the husband has oral herpes and somehow gave it to the OP through oral sex or through other means - especially if he was sexually assaulting her (I'm sure he was not careful). There are many ways to test for Herpes - none of them are 100% in defining if a patient has been infected.