Privacy Violation--Venting!

[Reenie]

Oh, I am sooooooo angry at a particular health facility I could scream!  They have messed up my records, scans, etc. from the get-go, and I personally believe it has a lot to do with why I'm not getting answers.  I won't go into detail about every problem, but believe me, it's been bad (old scans that I brought in being lost & not being compared to the new ones, NUMEROUS significant mistakes in my records which I now have to send a request for amendments to, pulling teeth to try to get results, not being told of results that stated "concerning for carcinoma" for over a month, etc, etc, etc, etc).

The final kicker today.  A few days ago I called and requested that someone please call me with my blood results that were done about three weeks ago, and also to please send them to me.  Today, in the mail, I got an envelope from them.  Nope, it wasn't my lab results.  It was another patient's four page consultation notes!!!!  Hmmm, I wonder who mine went to?

I first called my best friend, as often I feel better talking with her first, in order to feel rational about what to do.  Ultimately, I got on their website and found the number for an advocate for possible privacy violations.  Turns out, it's the same advocate that I went through three months ago to help round up my scans and ensure that they were read.  So, I left her a voice mail.  I told her to call me because I was very concerned at having received another patient's medical records.  I did not give details or names, other than my own name and number.

Deep breaths.........okay, I'll just wait for her call and go from there.  I feel so bad for this other patient; she likely has no clue that another patient received her records in the mail.

I think I will cancel my remaining two appointments at this particular place (both in December).  I am appalled........

[Linda196]

That's shocking, and in some areas, depending on the law, subject to legal action, if not on you're part, on the part of the person who's results were sent to you.

You may want to look into a course of action to make this "error" known, because that might be what's needed to keep it from happening again.

[paperdoll]

I used to work for a health credentialing insurance dept.
They are breaking HIPPA privacy rules.
This is very serious.

It should be reported anonymously through your insurance company.
So you aren't "messed with" as a rebel rouser.

At least you keep track.

I've had foul ups and didn't keep names dates etc.

I called my friend still in that dept.  she didn't answer...

Perhaps anyone else have a suggestion?  Until I get her an answer?

Take care,
P.

[Reenie]

I just got a call back.  Initially, the representative started to ask me whose records I received, then she stopped....and asked me to fax them to her.  I told her that I would rather meet with her one on one, because of all of the concerning issues with my records (saying I had a hysterectomy when I haven't, mixing up hypoparathyroidism with hyperparathyroidism,.....those are just two errors out of about 20), and other issues I mentioned.  I completely regret ever going to this place.

If I were the patient, I would want to know who received my medical records in error.  In fact, someone else (whether it's the same patient, their doctor, or someone else) must have received my lab results, and I would like to know who if possible. 

I think that I may already be considered a rebel rouser....ugh...!!  I did tell her that not only was I concerned about the privacy issues, I was also concerned about the multiple mistakes in my records (I gave her just a few examples).  So I can't take back what I said.  I wish I had shut up and waited until next week before making a call.   Should I not meet with her?  What should I do or shouldn't I do from here?

I'll hang tight until I get more advice.  Oh, why does this type of thing happen on a Friday afternoon?  Thank you for letting me vent.   All advice and suggestions are appreciated! 

Reenie

[eyeamdry]

Her request for you to fax them is ludicrous.  What she is suggesting is that you have a copy (and keep it) by not "giving it to her.  Faxing only duplicates the paperwork.  Also anyone who has ever stepped foot in an office knows you do not fax "confidential information."  She is trying to cover her butt by having the anonymous papers and put them in their place lest anyone find them gone. 

Others have given good suggestions.  There must be a state agency to which you report incidents like this. 
Lucy

[Sandra]

here in ontario anyway dr's are charged and reviewed for their conduct. I can go to the College of Physicians and Surgeons web and click on any doctor to find out who has been sited. I know a few in our imediate area that have been sited for this very problem, poor office proticall and record keeping. included on the site is the decision by the college and the amendment
the dr has to make. it's what's really wrong with our system here, nobody ever gets reports and if the do do they really ever read them? I had a full body CT Scan in August as per requested by my rheumy, naturally a copy goes to my gp and the ordering physician. I only found out last week that there is a problem with a paralyized diaphragm. Gee wonder when my gp ws planning to let me know? I saw her just last week as well! Sandra

[Reenie]

Thank you everyone....I'm still worked up about this, and I feel comfort knowing that I am not being ridiculous at being upset. I almost feel worse for the other patient--at least mine were just lab results (I hope anyway) and not a complete consultation.

I want to make sure that my records are corrected before (or if) anyone else such as insurance companies, law agencies, etc have access to them.  There are some serious mistakes that may deny coverage of certain problems in the future (saying that my neck degeneration is due to a car accident -- when in fact, we never discussed my neck in my appts there, and in my health history form I wrote "due to multiple injuries.").  It is imperative that this be corrected, as I constantly get hassles from insurance about my neck anyway.  Anytime I have anything done, I have to fill out a form stating that it wasn't due to a motor vehicle accident or a work related accident.  Having this incorrect info in my records will likely cause a lot of issues down the road when my neck requires treatment again.

I have no intention of faxing the records to her (it gives yet another opportunity for the records to get in the wrong hands---what if I accidentally punched the wrong number in?).  I'm sure she will be worrying over the weekend, perhaps more than me.  I think it may have been a knee-jerk reaction on her part, because if she really thought about it, she'd realize that that would only add to the problem (but I suppose it would give her time to try to "fix" things).

Sandra, I hear you on the "not getting results that should have been relayed".  I have decided that no longer will I accept the "no news is good news" result, since that's not the way it works.  All other docs I've gone to have been great about conveying results (PCP, ENT, gastro, neuro, etc.).  Ive never ever had a problem before, except with this place.....so I know it's not me, and I know that I'm not a PITA  patient.    The whole reason I contacted them to get these results, is because these are the ones that the doc said she was checking to make sure it wasn't a cancer or another problem (she told me not to freak out).  So, I'm not freaking out, but please relay the results so that I can put it to rest.  Jeepers, that's how I ended up with someone else's medical records, because it was easier to just send them without making a phone call.  I would've been fine with that, if I had received my results in the mail, rather than what I did receive.

[genko_b]

This seems like a very serious situation to me in a number of ways. If it were me, I would be ready to go to the state medical board or some advocate outside the system rather than waste any more time with clinic staff. They need to stop what they are doing and completely review their procedures, with someone in authority looking over their shoulder.

You might need to find a personal injury attorney to help. If enough people at the clinic are affected, they can put together a case on behalf of the group of patients.

Genko

[pudmott]

I'll second everything genko says reenie. Definately talk to the office but i would also go ouside them too to make sure they don't keep doing it. They need to be held accountable


Pud

[Reenie]

I have decided not to call the representative back; I need to get more information/advice about the best way to proceed & who to contact.  I had originally told her that I would call her next week to try to set up a time to meet with her.  I suspect that she will be calling me when she hasn't heard from me by mid-week.   My sister is an RN here in the area and she was aghast, & agreed it was a major violation.  She said that there is a HIPAA hotline to call.  I'm not sure I want to go that route; I guess I want to weigh the options regarding who to contact after I am better informed.

Thank you all for the advice.  Keep it coming if you have any more  .  I hate stuff like this.  I don't like being in this position at all.

Very interesting though.....I just received an email from the doc tonight with the results I was waiting for.  This is not a coincidence, that's for sure.

Thank you,
Reenie

[eyeamdry]

just received an email from the doc tonight with the results I was waiting for.  This is not a coincidence, that's for sure.

I'll sure bet you're right on that one.  You are sort of in the driver's seat right now.  A weekend to think this through will help you decide how to handle this.     Lucy

[irish]

Reenie, I bet if you do some googling you can get an idea on what kind of a lawyer to see. I think that one that deals with medical malpractice might be worth investigating. The fact is that this organization needs to have a big jolt from someone to get their ducks in a row. It could be that several patients got mixed up for some reason, but they are trying to cover it up rather than work with you.

Also, I think I would want to have the option to sit down in their facility and go through all my own medical records to see if they are yours and are appropriate for what you were seen for. There is always the chance that there is another patient with the same name. We got a bill from a clinic one time for another patient whose name was the same as my hubbies.

Good luck and keep us updated as this is really an important issue. Irish

[Reenie]

Oh you guys, I'm scared.  I don't need this, I just don't need this unwelcome stressor......yet I know that it is my obligation to protect others' rights, and especially my obligation to the patient whose rights were violated.  I have done some reading this evening, & now I see that this is likely a Federal matter, as HIPAA is covered under the office of Civil Rights by the US Dept of Health & Human Services. 

There is a regional office here in my metro area out of 10 in the US.  I don't know if I have it in me to file a complaint directly with them, at least not by myself.  From what I read, the only places that I can report this to (i.e., "file a complaint") are:  1: The Provider 2: My insurance company 3: The Federal Govt.  I already verbally reported it to the Provider, but my information to them was extremely limited. 

Do you think I should get an attorney before talking with the Provider representative again?  I really don't want to have to get a lawyer involved, but it looks like I may need to, based on the advice I am receiving and the fact that I know I need an advocate of some type to follow through (this just feels too overwhelming for me to tackle on my own).  Is an attorney as an advocate the best choice or can anyone think of someone else who can help me at least sort through this, so that I know I am doing the right thing and that I am protected?  Irish--I will do some googling regarding types of lawyers for this kind of situation.

The HIPAA rules state that there will be no retaliation if a complaint is filed, yet I am cowering about this, as my trust in some systems is waning.  I feel like all the docs will feel as if I am against them, and I'm afraid it will affect my care & how I am treated. 

Thank you all for your support and advice.  I need to find peace with this.  I know that I need to report this, but I am just overwhelmed by the idea of it right now.

Reenie

[genko_b]

Usually personal injury attorneys take a case on contingency, meaning you don't pay them anything unless and until you win, and then they get a percentage of the settlement. The key is to get a good referral.

Good luck with this. It is worth doing - you are not the only person who is affected by the clinic's carelessness.

Genko

[Linda196]

Reenie, please remember three things:
1/ You have done NOTHING wrong
2/ You are reporting an error that could cause problems for the public...you'd report a bridge that was out over a river, wouldn't you?
3/ Once you report to the proper authority, the onus is on them for investigation and follow-up, you have already done everything expected of you by reporting.

Try not to think of it as complaining, you are actually doing a public service.