HIPPA

[I cry_ in_the_dark]

Not quite understanding of the HIPPA act...

My X had taken my son to the Hospital where  his current wife is a nurse. (Please keep in mind, my children were not born in this hospital or ever visited this hospital as, as an EMT, I found this hospital to be below substandard, which my X agreed with prior to meeting his current wife.) In my son's  hospital medical records, there are statements that he was repeatedly abused by his mother( me). My son had a bruise on his leg from falling off of his bike, which was witnessed by my daughter and a neighbor child.

Question:
1. Under HIPPA......do I have the right to demand this be stricken from my son's record?

[Kitty C.]

I am also an EMT, and when the new act hit last year, not only were we fully informed from the state level on down, but extensively at the hospital where I also work.  If your state didn't educate you thoroughly on it, demand it, because the penalties, both personal and for your service are HUGE.

Here is a link to a summary of HIPAA offered by HHS:

http://www.hhs.gov/ocr/privacysummary.pdf

If you go to bottom of page 12, you will find information about amendments.

What I would strongly recommend is contacting the hospital's medical records AND compliance departments (go in person with CO in hand and ask to see someone higher up than a clerk) and go from there.

Good luck and let us know what happens, okay?  

[socrateaser]

The statements are just opinions, not facts. Now, if some third party were to publish the records as facts, then you'd have a case for defamantion against the publisher, and against the hospital for releasing the records. But since the statements are contained in a medical record that is protected as to its privacy by federal law, you cannot claim that the statements are public knowledge, and therefore you cannot claim to be defamed.

The short answer, is no, you have no right to have the statements expunged.

[alamero]

Hello Soc:

Does "public knowledge" mean the general public, or anyone with access to the medical records?

[socrateaser]

"General" public. In order to make a case for defamation, theoretically, you must only publish to a third party, however, in almost every circumstance, if the publication is made in a private forum, the court will not consider the damage to one's reputation sufficient to allow the action.

If you can show that your damage is extraordinary, even though publication was extremely limited, the action might be allowed, but I'd bet against it on your facts.