what are my rights, oh and i was at work during this whole ordeal, oh and the test came up positive, but it was a false positive, yea, its all screwed up, advice please!!!!?
2007-02-26 21:53:31 · 6 answers · asked by khristensayshe 1 in Health ➔ Diseases & Conditions ➔ Respiratory Diseases
and no i dont work at a hospital , i work at a jail but im not a jailer....
2007-02-26 22:01:30 · update #1
This incident was a violation of HIPPA law, but the big question you have to answer is going to be "what are your damages?" It is unfortunate that this happened, especially since the results were wrong. You will have to prove in a court of law specifically what those damages are.
You could probably recoup the cost of the test. If you were having treatments for TB, you could also recoup the cost of those. Other than that, the damages are going to be punitive in nature. Your attorney is going to have to decide if it is worth going after the person who gave out the results, the lab that ran the test, and the doctor who was treating you for TB. If he thinks you have a case, then by all means pursue it.
I will tell you from personal experience, you will have a difficult time finding an attorney who will take your case on a contingency basis. You will end up paying court costs, filing costs, cost of depositions, professional witness fees, etc. out of your pocket. My advice, report this incident to your HR director and have the employee with the big mouth disciplined, get a new lab and doctor, and get on with your life. This is probably not what you wanted to hear, but this isn't one of those cases that is going to pay you millions of dollars. You would likely end up in small claims court. Sorry.
2007-02-27 04:23:23 · answer #1 · answered by Barry M 5 · 0⤊ 0⤋
That depends on where you were when the results were given. You say you were at work... Do you work in a hospital or clinic? If it was at a hospital, and it is a county hospital or teaching hospital, then you might be out of luck. But if you were in a normal public place, you might just have a case. Look online or in the phone book for a lawyer close to you who will do a free consultation... He/she will be able to answer your question better.
2007-02-26 21:57:57 · answer #2 · answered by Jen 2 · 0⤊ 1⤋
These answers are mostly right. At the hospital I work at, the waiting room has a pager system because we were instructed by "someone" that just calling out the next patients name is a HIPPA violation. So speaking about your condition (+ or-) in the company of others, is a violation of HIPPA laws.
HIPPA = HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
2007-02-26 23:49:10 · answer #3 · answered by Matt A 7 · 0⤊ 0⤋
you have the right of confidentiality and this priviledge is one between a doctor and a patient(or patient and person taking your tests and giving your news).it does matter where the results are given but it must be given to you alone behind closed doors. you also need to be given post and pre counselling.if it was given at work your case is much stronger because it was infront of all your colleagues.you can also sue for defamation as the results were not 100% correct and that caused you pain and you suffered because of it.(its also medical negligence)
dont let them get away get proper legal advice immediately as your time might prescribe.
2007-02-26 22:09:28 · answer #4 · answered by marielou 2 · 1⤊ 1⤋
Depending on where you are. Here that's a H.I.P.P.A. (don't ask lol)violation here. Talking about a patient's case to people or accessing any patient information is a fire on the spot offense.It's a liability issue it seems to me. But not knowing the specifics who knows. I don't think the person who did this was thinking and didn't mean any harm. I would be a bit upset myself.
a night shift x-ray tech
2007-02-26 22:02:22 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Assuming you are in the US, then yes you have a case. Releasing any medical information about you to the public is a violation to Hipaa laws. They say that all your info must be kept private unless you sign a release or upon court order. Read more about it here:http://www.ncdot.org/services/personnel/benefits/pdf_ppt/HIPPA.pdf
2007-02-26 22:03:17 · answer #6 · answered by macruadhi 3 · 1⤊ 1⤋