Hipaa Violation??

M

Marzipan

New member
My ex sister-in-law recently began using the pediatrician I've used for my daughter for years. My sister-in-law was recently diagnosed with bipolar disorder, and during this time of terrible instability, began telling my pediatrician terrible lies about my brother and subsequently, me. For some reason beyond my comprehension, my pediatrician believed every word my ex-SIL said and went one step further... refusing to give my brother (father to both girls) any of the girls medical records. (He had a newborn.) The judge ordered her to give him the records since he had joint legal/physical custody. She still refused and then told him he would be arrested if he came on their property. He has no history of violence, and is such a gentle,kind person. We were absolutely baffled.

To make matters worse, I wrote a letter to this same pediatrician thanking her for her services and explaining that I would like my daughter's records sent to another pediatrican whose information I provided to her. Well, my pediatrician told my ex sister-in-law who my new pediatrician would be!!

Is my old pediatrician allowed to share MY information with my ex-SIL? Isn't that a BIG HIPAA violation?

Is she allowed to deny an equal parent information about their own child? She won't give a reason as to why she won't speak to my brother. She just say's she won't.

I'm really sad this has happened. And very confused. Can anyone offer any advice? Thanks!
 
I cannot imagine this being allowed. Has your brother got a lawyer? If so, then he needs to get advice about this. A doctor has really got no right to withhold information from a parent unless there are orders in place about this. She is really overstepping the bounds, and ought to be brought to account. Good luck, Sera.
 
Absolutely, it is a violation for the physician to say ANYTHING about you to another party.

A lawyer would be the quick way to take care of this. If you want to avoid the cost, you could try your county or state medical board, asking them for "guidance".
 
UPDATE

My ex sister-in-law confirmed today that my daughter's old pediatrician not only told her where I transferred my records, but shared with her the content of the letter I wrote requesting the transfer. She actually could quote it word for word and said, "I know all about the letter you sent." Unbelievable.

I wouldn't be so upset about this if my ex-SIL wasn't so mentally unstable. I wanted to move to a new dr. that would remain anonymous to her. It sounds melodramatic - but I feel somehow violated.

I researched reporting a grievance and read online that they are rarely followed-up. Does anyone have any experience with this? Is that true? I know you can't believe everything you read on the internet after all.
 
Get an attorney.

You may have a civil suit here, regardless of what handslap he gets from HIPAA.


(The suit wouldn't be about enforcing HIPAA, HIPPA doesn't allow private legal action, it would involve the damages done from his violation.)
 
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