What can be done if a doctor breached confidentiality?

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What can be done if a doctor breached confidentiality?

While at the ER my doctor came in asked if she could give me my UA results in front of my mom. I said no yet she just kept at it and finally disclosed exactly what was in my system. I told her she just breached confidentiality but she said no she didn’t. My mom is a witness as to what she said. Is there anything that can be done.regarding this issue?

Asked on June 27, 2012 under Malpractice Law, Oklahoma

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absolutely. What your doctor did was break HIPAA.  Your doctor should be sued and you should file a complaint with the state medical board. You should also file a certified written complaint with the hospital's director and explain that he broke your confidentiality (doctor patient) and violated HIPAA by asking you if you wished to have your results disclosed in front of your witness and when you said no, he continued. This is a serious violation and probably not the first time this has occurred.


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