Legal Question in Health Care Law in Missouri

Re: HIPAA and Dr.Office violation by employee

The cause of action is for breach of fiduciary duty, and it would lie against both the receptionist individually, and the physician. My guess is this woman is uninsured for professional liability, however, her homeowner's insurance might well cover this. The doctor will have professional liability insurance to cover this, however I surely understand that you do not wish to sue him. You do not have to sue him to sue her, although he is sure to have coverage for this, and she is not so sure.

The problem is that a lawsuit is considered to be public information and if you sue this woman for this breach, you'll open up your daughter to all manner of inquiry. You'll also make it public record that she had an abortion. Some day if she wants to be First Lady, that might be a problem. I agree with you that, for her sake, you might want to let it be.

In this case I would make an appointment with the doctor. I would write down the names of the women who got this information from the big mouth, and I would talk to them and get them to agree to verify the woman was the source of their information before you go. Then go to the doctor, give him the names and phone numbers, and say "I am not going to sue you over this, because that is not how I want our relationship to be. But I want this problem fixed, and I want it fixed with this woman's immediate termination. If you don't do that, then even though I won't sue you, I will file a complaint with the federal agency that investigates HIPAA violations, and that won't be a pleasant thing for you."

I think the only way to stop this kind of thing is to stop the woman's access to the information. The last thing an OB doc needs is a big mouth in his office, and if he came to me for advice, I'd tell him to fire the woman immediately and fight her unemployment claim.

I am sorry for what your daughter had to endure; small towns are sure like that.