No Informed Signed Consent obtained

[Agent79734]

What is the name of your state? Texas. In 2004 I was subjected to treatment at a clinic, where the P.A. told me that an "Informed Signed Consent" would be provided to me PRIOR to blood being drawn for an HIV test. [ Note: The clinic has No Signature obtained from me for any purpose, therefore a "cut and paste" thing could NOT have happened ] I was incarcerated on false charges and was released some time later. I need guidance and assistance, as I seriously plan on suing them for violations of what I understand to be HIPAA law violations. From what I have been able to decern from research, there are ? statutes which protect the "Patient" and also "Prosecute" the health care vacility. Please assist. Thanks, Rob

 

[barry1817]

Hippa Violation

What is the name of your state? Texas. In 2004 I was subjected to treatment at a clinic, where the P.A. told me that an "Informed Signed Consent" would be provided to me PRIOR to blood being drawn for an HIV test. [ Note: The clinic has No Signature obtained from me for any purpose, therefore a "cut and paste" thing could NOT have happened ] I was incarcerated on false charges and was released some time later. I need guidance and assistance, as I seriously plan on suing them for violations of what I understand to be HIPAA law violations. From what I have been able to decern from research, there are ? statutes which protect the "Patient" and also "Prosecute" the health care vacility. Please assist. Thanks, Rob

So please explain what the difference in your care and treatment would have been if an informed consent was signed? HIPPA violations refer to revealing information without consent, not to treatment without consent.

What HIPPA standards are you alleging were violated?

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[janedoe23]

They do draw blood for other tests as well and not just for HIV. If you are in a state facility I don't know what your rights are but in real time if they draw blood against your will then they are commiting assault and battery. In that case if you knew they were drawing your blood for an HIV test that you didn't give permission to then why did you let them draw blood?