QUESTION

Did my gynecologist's staff violate hippa?

Asked on Jan 03rd, 2017 on Medical Malpractice - Florida
More details to this question:
My gynecologist send me a letter in the mail stating "based on my past history its important for me to get pap smears to avoid cancer". I specifically cancelled my appointment two weeks ago so I can do it in the new year, and I know that I did not allow mail on my HIPPA authorization. My mother opened it, and I am HPV positive. Is this against HIPPA?
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
As described likely no - assuming the letter was mailed to and designated for you. Here your mother intruded into your personal mail illegally and the statement described is fairly generic. Would be different for sure if it said "to occupant" and had you medical records referecning your HPV as opposed to "your past history"...which could be a multitude of things. As there is no private cause for money damages under HIPAA your remedy is to file a complaint with the DOH and they will invetsigate and possibly impose fines. BUT understand that you will be finding a new doctor to treat with for obvious reasons.
Answered on Jan 04th, 2017 at 7:45 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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