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Why would Prudie know this?!

mrsconn23mrsconn23 member
Knottie Warrior 10000 Comments 500 Love Its First Answer
in Wedding Woes

Dear Prudence,

I recently found a note that said one of my family members who has done a super job of avoiding me for many, many years is alive and well! Not only is she well; but she has a job. The job is in health care in an office where I used to be a patient of their doctor. Do I have the right to sue? I would never have consented to a member of my family partaking in my care.

— Repeatedly Misled

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Re: Why would Prudie know this?!

  • MissKittyDangerMissKittyDanger member
    Tenth Anniversary 10000 Comments 500 Love Its 5 Answers
    How would Prudie know?

    I mean it's worth looking into legalities just in case but the person also knows about confidentiality - or should.
    I wouldn't worry unless something comes up about it.
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  • charlotte989875charlotte989875 member
    Knottie Warrior 10000 Comments 500 Love Its 5 Answers
    No. 

    Also, if you found out they work at the office and it’s this big of a deal why didn’t you look up the office staff before? Was she even involved in your care?

    There’s got to be so much more to this story. 
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  • flantasticflantastic member
    Knottie Warrior 2500 Comments 500 Love Its 5 Answers
    Yeah, you ask a legal expert this, but honestly - did you sign your consent to treat form? Under normal circumstances, being family of whatever degree does not typically legally preclude them from being a medical provider for you. So, I'm thinking the due diligence there is on you.

    Unless you can prove that your family member knew you were a patient, intentionally misled you that they were dead so you wouldn't know they were there and object, and the provider's office colluded with this - none of which is what happened, I am certain - I don't think there is anything to sue about.
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  • flantasticflantastic member
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    Or you can prove they violated confidentiality laws by telling other family about your care, obviously.
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  • banana468banana468 member
    Knottie Warrior 25000 Comments 500 Love Its 5 Answers
    mrsconn23 said:

    Dear Prudence,

    I recently found a note that said one of my family members who has done a super job of avoiding me for many, many years is alive and well! Not only is she well; but she has a job. The job is in health care in an office where I used to be a patient of their doctor. Do I have the right to sue? I would never have consented to a member of my family partaking in my care.

    — Repeatedly Misled

    This is the dumbest thing to ask Prudie.  Find an attorney who will likely tell you that you cannot sue a doctor because you don't like the staff in the office and weren't informed of who the office staff were.  You do not have a right to be the physician's HR department.

    But this is making me think I know why the family member was avoiding you....
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  • mrsconn23mrsconn23 member
    Knottie Warrior 10000 Comments 500 Love Its First Answer
    LW sounds so dramatic.  I have questions about the note and this family member. Why did LW think they were...dead?  If they were attempting sarcasm, it didn't land at all.  

    But I'm really confused on we hop, skipped, and jumped to suing.  Does LW have a 'right' to sue?  Sure?  Maybe?  Consult a lawyer?  I think you can sue over anything if you can find a lawyer to file for you, but if it has no merit, it will be dismissed.  You are likely on the hook for the court costs and lawyer's fees, and could open yourself up to being countered-sued if there is any impact (real or perceived) on the person or entity you sued.  

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  • VarunaTTVarunaTT member
    Knottie Warrior 10000 Comments 500 Love Its First Answer
    I think there's so much more to this, but as I always say, "What are your damages?"  It doesn't sound like anything happened to LW b/c of this, so there's nothing to sue over.

    So, LW, leave that family member who is avoiding you (probably for some good reason is what I hear) alone.
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  • short+sassyshort+sassy member
    Knottie Warrior 10000 Comments 500 Love Its 5 Answers
    Geez, LW.  If you're that touchy, I'd highly suggest you look up who every, single person is that works at your doctor's office.  Wouldn't want you to go flying off the handle again because your friend's friend has a sibling whose spouse works at that office.

    Your relative obviously didn't disclose your private medical information or that would have been another paragraph of ranting.  They may not have even known you were a patient.  I understand you would not have have gone to that doctor if you had known a family member worked there, but whose fault is that?  Yours.  No one can read your mind and possibly no one knew you had a family member who was part of the staff.
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  • MyNameIsNotMyNameIsNot member
    Knottie Warrior 10000 Comments 500 Love Its 5 Answers
    What? No. What would your cause of action even be?

    Also, I have a pretty clear idea of how this worked out on relative's side. "Hi boss, I just noticed on the appointment book that Sally Jones is a patient and coming in next week. Sally is a cousin. I don't want to rehash family drama, but we've severed ties. Just to avoid any potential conflict, I'll ask coworker this file instead of me." 
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  • banana468banana468 member
    Knottie Warrior 25000 Comments 500 Love Its 5 Answers
    MyNameIsNot said:
    What? No. What would your cause of action even be?

    Also, I have a pretty clear idea of how this worked out on relative's side. "Hi boss, I just noticed on the appointment book that Sally Jones is a patient and coming in next week. Sally is a cousin. I don't want to rehash family drama, but we've severed ties. Just to avoid any potential conflict, I'll ask coworker this file instead of me." 
    Can you imagine the opposite?  

    "Hey boss.  It would mean the WORLD to me if I could help you with Sally's pap smear today." 
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  • levioosalevioosa member
    Knottie Warrior 5000 Comments 500 Love Its 5 Answers
    We had a situation similar-ish at work. I’m very big on HIPAA and on avoiding mixing family and work whenever feasible. If my staff want their family to come in to be seen (which happens a ton) I make sure their family gets scheduled with another provider and MA. You can always see who accessed which charts, and what they looked like in the EHR so there’s clearly a path here to see if LWs relative was at all in places she shouldn’t have been. But I doubt it. It sounds like there was a reason relative has fervently avoided LW. 

    The situations I have heard of that are similar to this are when a relative comes to the clinic to request denial of all access to a certain individual. Of course we will grant that request and we submit a ticket to the EHR team who will then block that individual from being able to access the chart at all. If they do try to access the chart it’s recorded and alerted to the team. It’s not a terribly uncommon situation but it also isn’t something that happens all the time. I’ve also had situations with patients who have suffered from abuse who have requested their records remain completely confidential except for a few specified people on their care team that have been vetted and approved. 


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  • flantasticflantastic member
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    levioosa said:
    We had a situation similar-ish at work. I’m very big on HIPAA and on avoiding mixing family and work whenever feasible. If my staff want their family to come in to be seen (which happens a ton) I make sure their family gets scheduled with another provider and MA. You can always see who accessed which charts, and what they looked like in the EHR so there’s clearly a path here to see if LWs relative was at all in places she shouldn’t have been. But I doubt it. It sounds like there was a reason relative has fervently avoided LW. 

    The situations I have heard of that are similar to this are when a relative comes to the clinic to request denial of all access to a certain individual. Of course we will grant that request and we submit a ticket to the EHR team who will then block that individual from being able to access the chart at all. If they do try to access the chart it’s recorded and alerted to the team. It’s not a terribly uncommon situation but it also isn’t something that happens all the time. I’ve also had situations with patients who have suffered from abuse who have requested their records remain completely confidential except for a few specified people on their care team that have been vetted and approved. 
    Yeah, the reason I'm thinking this is probably an LW problem instead of a relative problem is because LW says "a member of my family" instead of "this person" or "this member of my family." But I am sure there are people who would be concerned about this justifiably.
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  • missJeanLouisemissJeanLouise member
    Eighth Anniversary 2500 Comments 500 Love Its First Answer
    edited January 2022
    Was it a note from the health care facility or from a distant aunt of something? Because how does LW even know if the relative, who wants so little to do with LW that they thought they were DEAD, was involved in their care. My gut says the relative would have avoided them at work too.
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  • downtondivadowntondiva member
    Knottie Warrior 1000 Comments 500 Love Its Name Dropper
    What a weird letter. Consult an attorney if you must, but I'm not sure what your cause of action would be here.
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