Can a dr do this? i am sooo mad

[Lshelley21 0]

:cursing:Ok..so i haven't told my parents about the surgury because i was not ready. At 8pm tonight i get a call from my mom at work giving me a rash that i didn't tell her about it, and the dr. told her about it. Is that even legal? I thought it was confidencial? how can he tell my parents about this? i am 27 year old married woman. He just broke the medical privacy act. (he also knew i didn't tell them, and i asked him not to say anything) I just wish i could tell them in my own time, now i am going to hear about this for a long time. This is rediculous. Is this legal??????:wub:

[Bea1128 1]

No, it is not legal unless you gave written consent for him to discuss your medical condition with your parents. You should have signed a form at some point either giving permission or not. If they are not listed as people it is okay to discuss your medical condition with, he has broken the law. He can release info to your insurance company if you have one and for the purposes of public health safety if that was an issue; otherwise, it is up to you who gets your health care info. If you don't mind my asking, how did he even come to speak with your mom at all?

[Popsicle Toes 0]

Ok this is so against the law. I am a medical biller and this is HIPAA violation and the Dr. can get a very large fine if reported. See below

HIPAA, which stands for the American Health Insurance Portability and Accountability Act of 1996, is a set of rules to be followed by doctors, hospitals and other health care providers. HIPAA took effect on April 14, 2006. HIPAA helps ensure that all medical records, medical billing, and patient accounts meet certain consistent standards with regard to documentation, handling and privacy.

In addition, HIPAA requires that all patients be able access their own medical records, correct errors or omissions, and be informed how personal information is shared used. Other provisions involve notification of privacy procedures to the patient. HIPAA provisions that have led in many cases to extensive overhauling with regard to medical records and billing systems.

[KyBandChick 3]

This is not legal, I believe this would be a HIPAA violation. Without your permission your healthcare provider can't discuss your private medical information with anyone. I would call your doc out on it, it's just wrong. You put your trust in your doctor and they should respect that. If you were a minor it's a different story but at 27 you are obviously an adult

[Sandy Beach 4]

How did your doc. get your parents phone number? That is just wrong. I am so sorry I know I would be mad as hell. I had my lap band surgery in January 2008, and I still havent told my Mom. Just not ready.

[Ange05 0]

WRONG WRONG WRONG...NO NO NO.

He has definetely gone against the law in regards to the privacy act.

He wasn't allowed to discuss anything with them.

I think the only way they can without your permission would be if you are a minor.

[gentylwind 1]

Not even remotely legal. You have grounds to sue (not that I am saying you should). How is it your doctor happened to speak to your mother?

[flowers 0]

As some others are asking, how did this lapband doctor have your mom's phone number?? Did you list it as an alternative or some such?

Yes, its wrong, and I hope you have set up a time to discuss with him, he owes you at the very least a huge apology and at most he's in trouble if you report him.

[Florida Pete 1]

I can totally understand how he got their phone number. I am sure you filled out a form with either nearest living realtive that does not live with you. But like others have already said this is a direct violation of the HIPAA if you did not sign any form giving the doctor permission to talk to them. If you did not then I would look at taking legal action against your doctor. Laws are only as good as people that are willing to pursue those that break them.