Major Hipaa violation in Kansas...help please!

[SMWichita]

What is the name of your state? Kansas

My wife went in for a DNC surgery today, and one of the items that they gave her when she was discharged was a patient survey. Though we didn't see it until we arrived home, the survey contained information for a patient other than my wife. Included on a the survey label was the patient's full name, social security number, date of birth, physician's name, age, sex, Dos, and patient id number.

I did an online "white pages" search for the patient, and was able to contact the young person's father who was outraged that they had given the information out...espescially considering that their surgery had been canceled.

FYI, my purpose in calling was not to rat out the surgery center...I was hoping that the person had received my wife's info. Now I am left (having had my personal info stolen in the past) worrying about the potential dangers of having my wife's personal info floating out there.

Advice? Suggestions? Is there anything that we can do about this??

Thanks.

 

[rmet4nzkx]

What is the name of your state? Kansas

My wife went in for a DNC surgery today, and one of the items that they gave her when she was discharged was a patient survey. Though we didn't see it until we arrived home, the survey contained information for a patient other than my wife. Included on a the survey label was the patient's full name, social security number, date of birth, physician's name, age, sex, Dos, and patient id number.

I did an online "white pages" search for the patient, and was able to contact the young person's father who was outraged that they had given the information out...espescially considering that their surgery had been canceled.

FYI, my purpose in calling was not to rat out the surgery center...I was hoping that the person had received my wife's info. Now I am left (having had my personal info stolen in the past) worrying about the potential dangers of having my wife's personal info floating out there.

Advice? Suggestions? Is there anything that we can do about this??

Thanks.

When your wife discovered the wrong survey she, not you, should have called the surgery center and made arrangements to return or destroy the survey. It was up to them to track down your wife's survey if there was one. Everything you did was TOTALLY INAPPROPRIATE! You not only compromised your wife's confidentiality, but that of the other patient but disclosing this to her father. As you well know a D & C is also a form of ABORTION and women are afforded certain rights to reproductive health including but not limited to, confidentiality.

YOU NEED TO KEEP YOUR NOSE OUT OF OTHERS PEOPLES BUSINESS!

 

[stealth2]

rmet - While I agree OP stepped over a line, what makes you think the other patient had a D&C? That was his wife he was talking about.

 

[cbg]

Also, a D&C is used for several other purposes besides abortion.

 

[SMWichita]

When your wife discovered the wrong survey she, not you, should have called the surgery center and made arrangements to return or destroy the survey. It was up to them to track down your wife's survey if there was one. Everything you did was TOTALLY INAPPROPRIATE! You not only compromised your wife's confidentiality, but that of the other patient but disclosing this to her father. As you well know a D & C is also a form of ABORTION and women are afforded certain rights to reproductive health including but not limited to, confidentiality.

YOU NEED TO KEEP YOUR NOSE OUT OF OTHERS PEOPLES BUSINESS!

Geeze, I thought this was a forum to obtain legal advice, not to suffer the flames of an uninformed, beligerant jerk/person...

First, my wife didn't discover the information. I said "we", but was not including her in that. I had no idea that a DNC could be used for abortion, and I know that it doesn't happen at this women's health clinic(there is only one clinic in the city of Wichita authorized to do abortions at this time). My wife suffered a miscarriage, and we were very much excited about having a baby. As for your "confidentiality", perhaps I shouldn't have called, but the information was out there, and I wanted to know who had our information. Try having your personal information stolen sometime, it will change your perspective. Also, before you bite a person's head off next time, consider what someone else is going through and the fact that their judgement might not be as sound as normal. In the course of 2 days we
1. Lost our baby
2. Had a serious surgery
3. Came home from the surgery only to have my wife pass out and go into seizures.
4. Had to travel by ambulance to the ER
5. While at the ER received word from the surgeon's nurse that my wife had suffered "abnormal" blood loss, but that they didn't want to concern us by telling us.
6. Come home and realize that all of your wife's personal information is in the hands of a total stranger.

So...I shouldn't have called, but I was desperately hoping that my wife's info was in their hands and was safe. You go through that and tell me what you'd do.

Also, if there is actually a lawyer looking at this, I wanted to know what to do in the face of a Hipaa violation like this. Thank you.

-SMWichita

 

[BelizeBreeze]

Geeze, I thought this was a forum to obtain legal advice, not to suffer the flames of an uninformed, beligerant jerk/person...

First, my wife didn't discover the information. I said "we", but was not including her in that. I had no idea that a DNC could be used for abortion, and I know that it doesn't happen at this women's health clinic(there is only one clinic in the city of Wichita authorized to do abortions at this time).

Really. Then I guess The Boulder Abortion Clinic PC; Central Women's Services and the Kansas Children's Services League would like to know that...

My wife suffered a miscarriage, and we were very much excited about having a baby. As for your "confidentiality", perhaps I shouldn't have called,

The first INTELLIGENT thing you've said so far.

but the information was out there, and I wanted to know who had our information. Try having your personal information stolen sometime, it will change your perspective. Also, before you bite a person's head off next time, consider what someone else is going through and the fact that their judgement might not be as sound as normal.

And your FIRST call should have been to the clinic to ascertain where your WIFE'S information was located or to inform them of the mistake.
Or better still, you and/or your wife, should have reviewed all documents before leaving the clinic.

In the course of 2 days we
1. Lost our baby
2. Had a serious surgery
3. Came home from the surgery only to have my wife pass out and go into seizures.
4. Had to travel by ambulance to the ER
5. While at the ER received word from the surgeon's nurse that my wife had suffered "abnormal" blood loss, but that they didn't want to concern us by telling us.
6. Come home and realize that all of your wife's personal information is in the hands of a total stranger.

And, as unfeeling as this sounds, all of that is irrelevant to the case at hand.

So...I shouldn't have called, but I was desperately hoping that my wife's info was in their hands and was safe. You go through that and tell me what you'd do.

And you think others on the forum haven't gone through much worse situations? Get real.

Also, if there is actually a lawyer looking at this, I wanted to know what to do in the face of a Hipaa violation like this. Thank you.
-SMWichita

You mean the one that YOU and your WIFE are complict in or the one perpetrated at the clinic?

 

[BelizeBreeze]

Secretary of the U.S. Department of Health and Human Services at the Office of Civil Rights,
200 Independence Ave. SW,
Washington DC 20201.

Or contact the clinic and ask who their HIPPA Compliance officer is and how to contact them then file a formal complaint.

 

[rmet4nzkx]

Really. Then I guess The Boulder Abortion Clinic PC; Central Women's Services and the Kansas Children's Services League would like to know that...

The first INTELLIGENT thing you've said so far.

And your FIRST call should have been to the clinic to ascertain where your WIFE'S information was located or to inform them of the mistake.
Or better still, you and/or your wife, should have reviewed all documents before leaving the clinic.

And, as unfeeling as this sounds, all of that is irrelevant to the case at hand.


And you think others on the forum haven't gone through much worse situations? Get real.

You mean the one that YOU and your WIFE are complict in or the one perpetrated at the clinic?

Thank you Breeze for saying it so well

 

[rmet4nzkx]

Geeze, I thought this was a forum to obtain legal advice, not to suffer the flames of an uninformed, beligerant jerk/person...
Now who would that be?

First, my wife didn't discover the information. I said "we", but was not including her in that.
So you were more interested in going through your wife's medical papers than ministering to her need to grieve and recover from her loss?

I had no idea that a DNC could be used for abortion, and I know that it doesn't happen at this women's health clinic(there is only one clinic in the city of Wichita authorized to do abortions at this time).
So you are the one who is uninformed.

My wife suffered a miscarriage, and we were very much excited about having a baby.
I'm sorry for your loss, however this is the first time you mentioned this, most people are upfront about such things and discrete re abortion. Just so you are informed, The term MISCARRIAGE is a laypersons term for what is medically known as a spontanious abortion. In most cases the a
Dilation and Curettage - D&C not DNC, is not necessary and exposes the mother to additional risks of surgery, which makes me question your priorities.
As for your "confidentiality", perhaps I shouldn't have called, but the information was out there, and I wanted to know who had our information.
Then the place to call was the surgery center. If you found an addressed stamped envelope laying on the sidewalk would you place it in the mailbox or would you open it read the letter, look up the person in the interner and callthem and ask them what they wanted you to do?

Try having your personal information stolen sometime, it will change your perspective.
I have and worse, it doesn't change my perspective, nor have I done other than the right thing when I received someone elses FAX, package, mail, Rx. There is no HIPAA violation, only a mistake, which any reasonable person would have handled appropriately rather than exploiting the situation for some form of gratification.

Also, before you bite a person's head off next time, consider what someone else is going through and the fact that their judgement might not be as sound as normal.
While I am a certified genius, I am not a mind reader and you did not provide the facts. Apparently you were looking for someone to agree with you knowing what you did was wrong and maybe hoping that the surgery center might write off your bill for their error?

In the course of 2 days we
1. Lost our baby
2. Had a serious surgery
3. Came home from the surgery only to have my wife pass out and go into seizures.
4. Had to travel by ambulance to the ER
5. While at the ER received word from the surgeon's nurse that my wife had suffered "abnormal" blood loss, but that they didn't want to concern us by telling us.
6. Come home and realize that all of your wife's personal information is in the hands of a total stranger.
I'm sorry for your loss, but you need to seriously look at this objectively and get your priorities in order. You spent your time doing this when you should have been ministering to your wife, going through her things or playing decetive should have been the last thing on your mind or are you feeling guilty?

So...I shouldn't have called, but I was desperately hoping that my wife's info was in their hands and was safe. You go through that and tell me what you'd do.

Also, if there is actually a lawyer looking at this, I wanted to know what to do in the face of a Hipaa violation like this. Thank you.

-SMWichita

Thre is no HIPAA violation on the part of the surgery center, You have violated the other person's rights. BTE, did you ever find out what happened to her survey? Did you inform the surgery center what you did?

 

[SMWichita]

Geeze...you guys make me sad.

I have been in contact with an actual lawyer, no need to return here.

Have fun in life