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  1. #1

    Default Can a Hospital Employee Use Medical Records to Identify You for a Criminal Complaint

    My question involves criminal law for the state of: Maryland

    I was at the hospital, under a voluntarily commitment. I got into an argument with a nurse. I assert he assaulted me when he lied, saying that he felt threatened, having the doctor order shots, and then administering the shots.

    A day or two later, I got into another argument with him. I lightly punched him in the face to prevent him giving me the shots.

    He then accessed my medical records to get information to file a criminal complaint.

    I assert the criminal complaint isn't valid because he violated HIPPA.

    What do you think?

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Hippa and a Criminal Complaint

    I think you committed an assault.

  3. #3
    Join Date
    Jan 2010
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    New Jersey
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    Default Re: Hippa and a Criminal Complaint

    You said that he assaulted you when he lied, how did he assault you?

    Maybe he is bringing your medical record into account to prove that you have psychological issues and are lying?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4

    Default Re: Hippa and a Criminal Complaint

    Giving me the shots was an assault.

  5. #5
    Join Date
    Mar 2013
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    17,923

    Default Re: Hippa and a Criminal Complaint

    Quote Quoting Sire
    View Post

    I assert the criminal complaint isn't valid because he violated HIPPA.
    Wrong.

    Speak of this to no one except an attorney.

  6. #6
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    Default Re: Can a Hospital Employee Use Medical Records to Identify You for a Criminal Compla

    Even if we assume that a HIPAA violation occurred, it will have no impact on the criminal case against you.

  7. #7
    Join Date
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    Northern California
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    Default Re: Can a Hospital Employee Use Medical Records to Identify You for a Criminal Compla

    I think he is saying they accessed his medical record only to identify him. HIPPA is designed to prevent the release of your medical information to uninvolved parties. There are certain exemptions where the health care provider can release your information to the police for mandatory crime reporting (like gunshot wounds).

    So, if they used your record simply to identify who was in bed 3 at 4pm so they can tell the police that you slapped them, and nothing about what you were there for, then there should be no problem.

    But, if you still want to pursue a HIPPA complaint then you can file one here. https://www.hhs.gov/hipaa/filing-a-c...ess/index.html

  8. #8

    Default Re: Can a Hospital Employee Use Medical Records to Identify You for a Criminal Compla

    Quote Quoting sniper
    View Post
    I think he is saying they accessed his medical record only to identify him. HIPPA is designed to prevent the release of your medical information to uninvolved parties. There are certain exemptions where the health care provider can release your information to the police for mandatory crime reporting (like gunshot wounds).

    So, if they used your record simply to identify who was in bed 3 at 4pm so they can tell the police that you slapped them, and nothing about what you were there for, then there should be no problem.

    But, if you still want to pursue a HIPPA complaint then you can file one here. https://www.hhs.gov/hipaa/filing-a-c...ess/index.html
    I filed one there and one with the hospital already.

  9. #9
    Join Date
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    California
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    Default Re: Can a Hospital Employee Use Medical Records to Identify You for a Criminal Compla

    Even assuming a HIPAA complaint happened (and under the circumstances, I do not believe a violation occurred), you can still face criminal charges for attacking the staff member ... assuming the prosecutor chooses to pursue the offense. It's possible that the state's attorney will not pursue the matter given the totality of the circumstances and the severity (or lack thereof) of the crime. But, the fact that the victim obtained your name from medical records (or, just as easily from your wrist band, overhearing it stated by you or other staff, or on the chart they had access to as part of their job) is not at all likely to result in the dismissal of charges.
    **********
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    Love mercy,
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  10. #10
    Join Date
    Jan 2016
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    451

    Default Re: Can a Hospital Employee Use Medical Records to Identify You for a Criminal Compla

    I don't believe the law has changed since you asked the question back in May: https://www.expertlaw.com/forums/sho...d.php?t=229169

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