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Help! Can I sue? Do I have a case?

Discussion in 'Health Insurance, HMO, HIPAA & Disability' started by needadv1ce, Sep 25, 2011.

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  1. needadv1ce

    needadv1ce Law Topic Starter New Member

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    My wife worked at a methadone clinic in one town. Her Boss filled in at a clinic in another town and discovered that I was previously a patient there and showed them some kind of proof. No one...including my wife knew of my treatment so it in no way affected her work. She was there close to 5 years and had excellent reviews. Recenly she went to an as needed status and filled in at the clinic. When her Boss found out I had been a client he stated to all her co-workers that she was no longer allowed in the clinic and proceeded to tell them that I was a methadone patient. Not only did she lose her job but so did her 2 friends who were also as needed and now work iwth her at her new job. He has been spreading this around to her freinds/coworkers and incinuating that since I was a patient that she was the person responsible for taking money and drugs from the clinic in the past. It is damaging her reputation, she lost her job, and freinds because he violated my right to privacy about my treatment. Now my wife and children know and it is damaging my family. I want to be sure this doesnt happen to anyone else but dont know how to sue him for this. My treatment had nothing to do with my wifes employment or with her co-workers so they had no need to know. Her boss had been angry when she left and we feel that his is just a milicious way of getting back at her. There is no other reason to share this information with her co-workers and friends. If he felt it would affect her employment he could have just talked to her, which still would have violated my right to privacy but would have been less damaging to her reputation as a nurse of 16+ years who had never had a blemish on her work history.
     
  2. army judge

    army judge Super Moderator

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    Talk to a local lawyer.

    What will he/she tell you?

    That you can sue anyone for anything.

    But, you have no case.

    Why?

    You have no proof.

    Don't waste your time arguing about all the PROOF you do have.

    Take all that PROOF to a local lawyer, and see what he/she tells you.

    Besides, you can't sue anyone here, can you???

    No, you can't.

    You gotta sue (if you choose to sue) in a Florida courtroom.
     
  3. Proserpina

    Proserpina Moderator

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    I see a few issues here.

    The first is a possible HIPAA violation (the methadone clinic may or may not be covered by HIPAA - it's hard to tell). You can report HIPAA violations here . Please be aware that this will not result in any monetary damages.

    The second is a possible invasion of privacy tort. Even if this wasn't a HIPAA violation, you should consider speaking to a local personal injury attorney.

    The third is your wife's situation. If she can prove damages caused by a false allegation of theft (that she was taking drugs from the clinic in the past), she may have a case for defamation.

    The only thing standing in the way of her case, as far as I can see, is that the two other workers who were also let go weren't accused of anything - this does tend to suggest that she was let go for reasons unrelated to your treatment/history.

    (Budget/funding problems would be a common reason).
     
  4. needadv1ce

    needadv1ce Law Topic Starter New Member

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    What was said is that the 2 friends were suspected because they were friends of my wifes and they were all 3 replaced with 3 new as needed nurses. Just to clarify..none of them wer ever questioned by police for any "missing" money or medication. And yes this clinic is a health care provider so they are covered by the HIPPA law. I know that the nurses and counselors working there will not lie for their boss under oath. I do not care about money, but I want the person who did this to be punished. I sought treatment with the understsnding that it would be confidential and it was not. Now it not only hurt myself but my family. Thank you so much for your replies.
     
  5. Proserpina

    Proserpina Moderator

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    To be brutally honest, you have also hurt your family by not disclosing your history.

    Did the employer actually put in writing why your wife and her two friends were let go?
     
  6. army judge

    army judge Super Moderator

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    Proserpina, do you believe that any employer would put "that" inwroting, assuming of course, that it was done under the guise provided???

    Besides, did you notice that the "nurses" were "PRN" nurses?
     

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