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    bigfeet's Avatar
    bigfeet Posts: 1, Reputation: 1
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    #1

    Mar 10, 2010, 03:10 PM
    Possible HIPAA violation in the workplace
    I work at a hospital. I had some physical therapy at the hospital in which I work, and the therapist did a poor job, exacerbating a different physical problem I had, causing me a great deal of pain despite my warnings about the situation. I got upset and said some negative things to the therapist. When I had my annual review a few days later (by my boss's boss), I was called to task about having hurt this therapists feelings and lectured about how important it was to be nice to everyone, etc. I was told to apologize to her, which I did.

    I feel this was a violation of my HIPAA rights; the incident happened as a patient, and I was reprimanded as an employee. What are my options here? Do I have cause for a civil suit against this employer? Thank you.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Mar 10, 2010, 03:13 PM
    If you work in a hospital then you should know that HIPAA only protects your medical condition/treatment. You were disrespectful to a fellow employee, this is not covered by HIPAA.

    Also, HIPAA does not provide payouts for the person damaged, it only warns, or in some cases, fines the facility or employee.

    HIPAA and civil suits are two totally different animals.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 10, 2010, 08:00 PM

    And there can not really be a civil suit if what he said was true. And HIPAA would only apply if they gave out medial info.
    But in this case the hospital admin would be able to view any medical records in the hospital. So even giving that would most likely not be covered

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