Legal Question in Medical Malpractice in District of Columbia
Alias for Medical Care - Part 2
This is a followup to the answer posted by Gary Mims:
Thank you for your advice, you have been very helpful and I see from your bio you are highly experienced. When you say 'standard of care,' you are also inluding HIPAA privacy compliance too right? I read that the HIPAA privacy clause is weak (see ---.privacyrights.org/fs/fs8a-hipaa.htm), so I am wondering if I should write my own privacy contract (but using the alias) - would such a contract also be valid if I ask the doctor to sign it?
Also, if the doctor ends up selling his practice one day, how then will my privacy be protected when my information will be in the hands of another doctor?
1 Answer from Attorneys
Re: Alias for Medical Care - Part 2
HIPPA was inacted largely to keep health matters private and a breach is actionable. Also, your state probably has its own privacy laws that too will protect you. The privacy is not only between you and you doctor, but his practice as well--regardless of whether it is sold and/or other employees join it. Obviously, this is a sensitive issue; but the degree of sensitivity does not determine the doctors duty of confidentiality--it is the same for everything.
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