QUESTION

I believe the facility my daughter was baker acted into violated HIPAA law, and her safety was in jeopardy, she was being touched by another patient.

Asked on Nov 07th, 2013 on Medical Malpractice - Florida
More details to this question:
my daughter was baker acted into UBC for sucidial thoughts, She needs additional after care, but due to her aggressive behavior i had set up an intervention, i stressed to every employee there, she is not to know, the day before the intervention, the psychatrist told her, it caused both her and i undo stress and mental anguish, they kept telling her she was being released, then she would not be. She knows of all my converstaions with them in detail, and when the intervention was to happen , they told her they dont know of these strangers coming to get her, they will protect her and not let her go into an unmarked car. the intervention never happened and she is still in the stablilzation unit, since 11/28/13. she was traumatized by it. She was touched 4 times by another patient sexually and punished for opening her mouth. I have a notebook of issues, i need guidance as to our rights.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
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I am not seeing a HIPAA violation as your information about a patient is not typically PHI, and I am unaware of any obligation not to communicate it to thepatient. Similarly, if the doctors dont agree with your view the an intervention is proper, they may be well within thier position to disclose things etc. If you are looking simply for "guidance" you may well have to hire an attorney to help you at an hourly rate to address your questions.
Answered on Nov 08th, 2013 at 9:37 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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