Hipaa privacy...should I sue?

allie8955allie8955
edited March 2011 in Just for Fun
So I think we all kno about the whole patient privacy called the Hipaa. This what happened...to make long story short. While I was at my ultrasound these people that me and my hubby kno saw my file and saw my info that was at the front desk. Next thing we kno the next day we get calls people asking if we really were having kid...and so on. Not only that but both our parents had to find out from other people!! We wanted to surprise everyone and it didn't happen. I was mad and so stressed out. I didn't care much who knew about me being preg it's the point that the hospital didn't file away my folder and left it out there for anybody to c. Now everybody on the street knows im preg. It's my privacy they exposed that makes me mad. We kno who the people are cuz we saw them when we left, and we got confirmation about it as well. Should we make a compliant to the hospital? my husband wants to sue the hospital and those people...what should we do? any ideas would b great! thanks!

Comments

  • needamiracleneedamiracle
    Did they work there, or just patients? I would first tell the hospital because they shouldn't have had any info at the desk exposed to passerbys. Then talk to a laywer and see what they say. It is a hippa violation to have medical records exposed to the public without your consent. In my eyes that would fall in that category. Hope it helps!
  • bluegrass_mommybluegrass_mommy
    My suggestion would be to speak to a lawyer first. If you file a complaint with the hospital they have a whole legal team ready to try and talk you out of any necessary actions. Hopefully, those people only saw that your file said your were pregnant, but you never know what other personal information they saw or could have seen. If your lawyer thinks you have a case then let them handle all of the legal stuff with the hospital lawyers.
  • allie8955allie8955
    @needamiracle those people that saw my file r just people from my church...my sis in law who works in another hospital told me that we got a good case. I just want to kno what others would do. thanks!
  • allie8955allie8955
    @bluegrass_mommy...great idea...we weren't sure what to do first...but that seems like a legit thing to do first. thanks!
  • bluegrass_mommybluegrass_mommy
    I should add that a friend of mines mother had hip replacement surgery and a few hours later they were told the equipment used had not been properly steralized and now her 80 year old mother is going thru testing for AIDS and other diseases. The hospital legal team bombarded them with papers to sign and all kinds of stuff not realizing one of the visitors in the room was a lawyer and quickly put a stop what was going on. Some of the papers had clauses in them that were agreements not to sue.
  • allie8955allie8955
    @bluegrass_mommy...what was their settlement overall?
  • bluegrass_mommybluegrass_mommy
    They are still going through everything, not sure how much money they are asking for but I know they are pursuing payment of medical bills and psychological assistance.
  • pooh22pooh22
    @allie8955 u do have a good case I work n pharmacy n sadly walgreens violates every hippa rule their is almost I say sue the hospital then the nurse or secitary that had ur file cuz they should no better so go for it u deserve it n not like I dnt like church ppl but they jus so damn nosy always gotta talk about wat they jus seen that was wrong of them n ruined ur surprise I would give them a piece of my mind too
  • allie8955allie8955
    @pooh22...thank u!! ur thinking just like my hubby! we got a good case...atleast thats what my family thinks and his. I don't understand how people just cant keep thier mouths shut and keep things to themselves!
  • allie8955allie8955
    @bluegrass_mommy hopefully they get what they want and deserve!! that would make me so mad!
  • ghelphaeneghelphaene
    Completely agree, go after them girl!!!
  • allie8955allie8955
    edited March 2011
    @ghelpaene thanks! hopefully it all goes well! We just got to build a stronger case...
  • allie8955allie8955
    edited March 2011
    We got a lawyer today...fingers crossed. ;-)
  • ElleMarieElleMarie
    edited March 2011
    Good for you! It's about time medical professionals and staff realized they are dealing with people and their private lives not just a file and papers! (I'm a lawyer and my hipaa rights were violated when I was in the hospital and it really upset me). I'm glad you got an attorney- go get em!
  • MrsStanley_x2MrsStanley_x2
    An ex girlfriend of a friend of mine saw my husband and I walk into the birth center, and we allowed her to sit in as they were checking me (I was in pain and she was doing clinicals). Next thing I know she updates her FACEBOOK about what's going on, and then added a few lies (like only one of my twins survived). She was there for work, not as a friend. I didn't want money, but the girl was kicked out of school and the nursing program, and was banned from the hospital. People need to learn privacy! You have an excellent case, cause we did, too, but on something small!! So I know you will be set :)

  • salsabiasalsabia
    Are you sure your file was laying out for everyone to see? Maybe they just assumed since you and your husband were at an obgyn appointment together that you were pregnant. I know that's what I would think if I saw a couple I knew in my waiting room.
  • allie8955allie8955
    @salsabia yea that's what we thought as well...but my bro in law asked the people who saw us (cuz he knows em better then we do) how they knew that I was preg and they told us themselves that they saw my file. they pretty much confessed to it themselves.
  • salsabiasalsabia
    Wow what dumbasses. They could be in just as much trouble as the office.
  • JenniFurrFurrJenniFurrFurr
    I would definitely sue, however i would only sue the hospital not the person at the desk. I just look at it as I'm sure the clerk didn't purposely leave your file out and I'm sure just by sueing the hospital that person is already going to lose their job and any other jobs in that related field will be closed to then, they won't be able to pay whatever you sue for. The hospital however won't be hurting to be able to pay you, and if the clerk did have your file out like that then the hospital needs to push hippa protical better.
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