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I believe my dr. violated my right to pivacy

Paris, KY |

my dr asked me if myself or anyone in my family had ever had a drug problem i told her about my real fathers drug problems, my mother saw the same dr 20 mins later and the dr asked my mother to tell her about her drug problem and took her medication away because of what i said about my real father i beleve she violated my rights but imnot sure as to what to do about it

Attorney Answers 3


I'm not sure of the facts. If you are a minor (under 18) that may be a significant factor. HIPAA laws cover patient's privacy rights.

HIPAA law short summary:

The Health Insurance Portability and Accountability Act of 1996 (HIPAA; Pub.L. 104–191, 110 Stat. 1936, enacted August 21, 1996) was enacted by the United States Congress and signed by President Bill Clinton in 1996. It was sponsored by Sen. Nancy Kassebaum (R-Kan.).[1] Title I of HIPAA protects health insurance coverage for workers and their families when they change or lose their jobs. Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers.[2]
This act gives the right to privacy to individuals from age 12 through 18. The provider must have a signed disclosure from the affected before giving out any information on provided health care to anyone, including parents.
The administrative simplification provisions also address the security and privacy of health data. The standards are meant to improve the efficiency and effectiveness of the nation's health care system by encouraging the widespread use of electronic data interchange in the U.S. health care system.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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An attorney would need to review all the details in light of your state's statutes. It appears to me that nothing related to your health issues was revealed. In some states, not everything that transpires in discussion between doctor and patient is privileged--I am NOT a KY attorney and do NOT know your state’s statutes. but if someone in your family wants to pursue the issue they should sit down with an attorney ASAP. Best of luck to you.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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The problem here is we don't have a real cleat indication that your doctor actually said anything about YOUR medical condition to your mother, and instead inferred something from it, which would not be a violation.

You do have possible actions, if your MD is associated with a hospital, lodge a report there. If not and your MD is in a private or group practice, you can make a report to the office of civil rights of the department of health and human services. A web search will bring them up.

Just so you know, as an individual you do not have the right to file a lawsuit in this area.

Good luck.

I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.

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