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WC question concerning legal rights, HIPPA

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  • WC question concerning legal rights, HIPPA

    My wife worked as a phlebotomist at a hospital. Back in the forth quarter of last year she was assaulted (beat up) by a patient while drawing blood. My wife called for assistance but no one came. She finally broke free after receiving numerous blows to the head and neck.

    It was found that the room was not marked by the nurses that they had a mental/psychotic patient. It is not know if a police report was issued.

    My wife received treatment did not return to work till after the first of the year. She was receiving medical therapy and counseling. She is still seeing treatment to date.

    About two weeks ago she was fired from work for a poor excuse. Afterwards she is receiving numerous calls from the insurance company to come with her during her doctors’ visits and also to sign a HIPPA release form.

    What are our rights at the present time?

    1) Can we file a police report for the assault?
    2) Was it just for my wife to fired?
    3) Can the insurance company case worker come to an office visit?
    4) Do we have to sign a HIPPA form?
    5) Do we have any legal action for the above?
    Last edited by Tyger; 04-25-2007, 08:25 AM. Reason: Edit title

  • #2
    ) Can we file a police report for the assault?
    2) Was it just for my wife to fired?
    3) Can the insurance company case worker come to an office visit?
    4) Do we have to sign a HIPPA form?
    5) Do we have any legal action for the above?


    1.Yes, but it's kind of late for the police to investigate
    2. Probably not, but probably legal
    3. They can come to the office but you do not have to let them come into the exam room. You still maintain that right to privacy when your seeing the doctor regardless of what the pompus IC people think
    4. You do have to sign a release for relevant medical records
    5. Other than workers comp that's your only legal option.

    Comment


    • #3
      1. You can but it may be too late to do anything about it now.

      2. DOn't know. Wasn't there.

      3. The nurse case manager can have access to the records and talk to the doctor but whether this person actually is present for the treatment visits is up to you. It can be very beneficial at times to have them there and a good case manager is worth his or her weight in gold. If your wife is uncomfortable with this person being present for the exam, she can ask them to step out.

      4. WC records are actually exempt from HIPAA so signing the form has no effect.

      5. Not that I'm seeing though you may have a civil case against the attacker. If this is a psych patient you have quite an uphill battle but it may be possible. If you do pursue a third party claim, the WC claim may very well subrogate it.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

      Comment

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