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H.I.P.P.A Violation at work?
Houston, TX
Viewed 130 times.
Posted 5 months ago in Personal Injury
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I was involved in a incident at work that ended up with me getting hurt. Later I was told that my incdent was covered up, by the company nurse, and that I should have received higher treatment of care for the injury. I later found that the company doctor had released information about my current treatments and diagnosis to my supervisor and other staff whom are not members of our medical department. Along with his recomendations which was not made to me by management. So at this time I am seeing my privet doctor for the injury which could have been treated a while back ago. Any susgestions?
Answers (1)Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 5 months ago.
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As I am licensed in Florida and Vermont, I cannot comment specifically on Texas state law. However, generally, the circumstance you describe appears to be a worker's compensation type of injury. You should be sure that a first report of injury or similar form has been filed with the insurance carrier for your employer and you should obtain a claim number. Workers compensation will be responsible for paying for your medical care and treatment. You may also be entitled to vocational rehabilitation benefits and other benefits covered under your Texas worker's compensation statute, including light-duty work etc.
If you are protected under a union contract, you should discuss this situation with your union representative. The federal HIPAA statute does not provide you with a private cause of action for a violation by your doctor or other medical personnel. You can, however, file a complaint with the federal Health and Human Services department and they can follow up on a HIPAA violation. Complaint forms are available on the Internet. Additionally, you could file a complaint with your state's medical practice board, complaining about the doctor' s lack of professional judgment and apparent violations of your privacy under HIPAA. However, there is a caveat, this company doctor will need to be shown to be someone who falls under the jurisdiction of the HIPAA statute, not every doctor does. |