HIPPA violations? How should we pursue this issue?

Question

Recently my husband was incorrectly diagnosed with a STD. I was told I should have HIV testing-this was during the recovery period after my husband had a colonoscopy to find the source of bleeding. Due to extreme prejudice and misjudgment the doctor loudly told me that he thought my husband had an STD which was caused by male-to-male sexual contact. He said this with the door to our room open, in full hearing of anyone in the waiting area. He also called, loudly, asking if my husband was hurting. He said, "He should be, that is the worst ... I've ever seen".

After being hospitalized the next day due to inability to eat or drink and continued bleeding, my husband was diagnosed with Crohn's Disease, a GI disorder which was then treated with steroids.

Any suggestions concerning HIPPA violations? From what I've read this constitutes a serious breach of privacy because the doctor took no precautions whatsoever to protect my husband from his loud speculations-which he shared not only with his staff in the hospital, but also with any recovering patient and family within hearing distance at that time.

I'm still in shock. And thankful that we did find another doctor who was able to correctly treat the problem.

Answer 1

This is really not a HIPPA violation.  This is a violation though of doctor patient confidentality.

The first thing I would do is to file a complaint with the state board of medical examiners in your state.  

Is this doctor a resident, or is he at a teaching hospital?  If so, call the chairman of his department.

Lastly, you may have legal recourses as well.  I would consult an attorney