HIV test results given to day care, is this a violation?

UPDATED: May 29, 2012

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HIV test results given to day care, is this a violation?

The daycare gave my breast milk to another baby. I provided prenatal lab results to the child’s pediatrician and she requested I take an HIV test. The results came back and I was notified by the child care center of the results. Is this a violation? If so what are my options? This is on an Air Force base.

Asked on May 29, 2012 under Malpractice Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a medical doctor gave your lab test results to non-medical personnel without your permission, such provision of your test results could very well be a HIPPA violation under federal and state law.

Your options are to consult with the treating physician as to why the results were given to third party non-medical personnel and decide whether you wish to make a complaint against the doctor with the AMA.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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