breach of confidentiality

[Rita H]

What is the name of your state (only U.S. law)?
state of Delaware. My adult, disabled son went to counseling with a Licensed Clinical social worker. After 4 sessions she terminated him for missing 2 appointments. She refused to return calls to discuss the dismissal.

A month later my husband (my son's step father) went to the same couselor for his own needs. The counselor proceeded to tell all about my son, things he said in counseling, her feelings about it, his diagnosis, his drug abuse.

She never asked for proof of family relationship, or had a signed consent by my son for my husband to discuss his situation.
Isn't this a violation of my son's right to cofidentialily? What is the best way to deal with it?

 

[longsally111]

you have to prove that the Doctor told you these things, something that is NOT easy to do. As his relative, how can you prove that you didnt already know he was on drugs etc.....?

 

[lya]

Is the adult disabled son independent or is the step-father one of the caregivers of the son and someone who is usually involved in the son's treatment and would be included in discussions of the son's physical and mental status?

 

[Rita H]

Rita H

My husband already knew all about my son but was not authorized to discuss him. It is a counseling agency and they assigned this counselor to my husband, he did not know it was my son's past counselor. My husband has asked for a change of counselors and will be reassigned.

On the other hand I was authorized to talk to her. When she discharged my son she refused to return calls by myself and my son to discuss the reasons or to make alternative arrangments for services. So the fact that she would discuss it (very negatively I might add) with my husband was twice as annoying. My husband was very uncomfortable and kept trying to talk about why he was there and the counselor kept going on and on about son. Very unprofessional.

 

[lya]

You may report the privacy infraction to the Office of Civil Rights and to the counselor's employer.

There is no monetary award available.