QUESTION

What necessary steps can be taken to take action if the joke has also affected me in getting employment?

Asked on Aug 11th, 2016 on Personal Injury - New York
More details to this question:
For the last few months, the staff at the doctor’s offices I frequently have made jokes and remarks about my past illness. It has gotten so bad that the information has spread throughout my community. The remarks have damaged my reputation and they have embellished certain facts to appear even worse. I have kids and am afraid of them hearing the same.
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1 ANSWER

Your medical information is strictly confidential and protected from disclosure by a number of laws, including a federal act that imposes huge penalties for violating a patient's privacy even if there are no adverse consequences to the patient. If dissemination of your protected information caused you harm, the doctor's office and the worker who leaked the information, personally, can be held liable for all your damages, financial and emotional. If your first concern is to stop dissemination of your private information (and if you believe it isn't too late for that, yet), write a letter to the doctor (if it is an office shared by several physicians, to your doctor and to the office manager) stating the facts and asking to take whatever steps might be necessary to correct the situation. Do your best to be calm, polite, and factual. Doctors and health care administrators are well aware of their liability for safeguarding your information; so you do not need to tell them you will sue. Tell them that there is a problem, and ask them nicely to take care of it. Often, this approach works. Yelling and threatening only causes the medics to circle the wagons. Mark the letters "Personal and Confidential" and send them by certified mail. If you do not see any real chance to contain the damaging information, get an attorney: if you are heading to court, go there fast. Among other forms of relief, the court can give you a restraining order against the doctor's office and the "joker" who is having fun at your expense.
Answered on Sep 09th, 2016 at 5:37 AM

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