If areceptionist from a dentist’s office used my son’s file toobtain my address for her personal needs, is this a violation ofHIPPA or privacy laws?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If areceptionist from a dentist’s office used my son’s file toobtain my address for her personal needs, is this a violation ofHIPPA or privacy laws?
The receptionist and I are going to small claims court because I slipped and broke her taillight. I did leave her my name and phone number, but I did not give her my address. A day or two later I received a registered letter from her. Then I was served a small claims summons. I do not think she is allowed to use any information from my son’s medical file, including my address without my permission or a court order.
Asked on December 22, 2010 under Personal Injury, Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It may be a violation of privacy rights or a breach of a duty but I do not believe that it is a breach of HIPPA or a violation thereof. Violating HIPPA requires that there be some type of transmittal of the health information of your son that is protected under the law without a valid release. No health information about your son was taken or used in any way, shape or form here. It was personal information as to where he lives. I would, though, file a complaint with her employer and see what happens. Her behaviour was unprofessional to say the least and her emplyer should be aware of what went on. Good luck to yuo.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.