Legal Malpractice BLOOD TEST GIVEN WITHOUT PERMISSION TO FAMILY

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PADGANN13

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Arizona
History of events:

While visiting my son in 2011 for the holidays out of state, I became extremely ill. (December 27 to December 31, 2011). After speaking three times with my medical coverage customer service, I was encouraged to go to nearest emergency center. Looking at my card, etc it looked as though I would be covered.

Arriving at the Hospital emergency center, I was taken immediately into surgery for Acute Appendicitis, and cared for.

My time at this hospital was one I will always remember. The courtesy, staff and environment are not comparable to others I have had to visit. They were the best I have encountered.

However, a volunteer worker (nurse or assistant) had access to my records, which knew my son and his family and relayed that my blood tests showed I was positive for the Hep C virus.
I was unaware of this, and soon found I was banded from coming back to their home, EVER. My son has not spoken to me since, or my grandchildren. I'm considered a drug addict, etc.

I, having nowhere to go or get to an airline, had to reach out to those whom would try to help me.

The doctor attempted to call my son to explain the situation, without success.

A few months later I found myself responsible for my medical bills for over $53,000.

The hospital did contact my insurance early on and given a denial of services, which confuses me, as I was not aware of this situation, as well.

I have reached out to a legal service that advises that I contact you to review my case to relieve this burden, which I now find I am responsible for.

I HAVE LEARNED THIS IS AN ISSUE CONTROLED BY HIPPA. I RECENTLY REQUESTED THE HOSPITAL TREAT THIS AS A CHARITY CASE AND DROP ALL FEE'S. NO ANSWER TO DATE. I HAVE FOUGHT THIS ALL THE WAY TO GOV BROWNES OFFICE TO NO AVAIL THROUGH AUGUST, 2015 (ONLY CONCERNING THE DEBT OWED)
 
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If anyone advised you to contact us, there's been a mistake. We discus legal issues. We don't advise, and we can't represent you in any legal matter.

We have a legal referral service with dozens of licensed attorney you can contact who can further advise you.

As far as the issue between you and your son, not a legal issue for sure, just a sad, personal dilemma.

As to the matter of the hospital bill, have you considered filing bankruptcy? If not, I suggest you investigate BK. A person drowning in medical debt is one of the reasons our nation offers such an option. In fact, you can file your own BK with a little study, common sense, and attention to detail.

How to File for Chapter 7 Bankruptcy - Forms & More - AllLaw.com

Good luck, hang on, help is out there.
 
Your issues with your son are not the fault of the hospital or anyone else. The disclosure may or may not have violated HIPAA. If you believe that it did, your only recourse is to file a complaint against the hospital with the Health and Human Service Office of Civil Rights. There is no private right of action (you can't sue). As this was 4 years ago, I doubt much will happen.

As for the medical bills, you do not say why they are not being covered. Was it not filed properly with the health insurance? Did your insurance lapse? Not a network hospital (emergencies are very nearly always covered even if out of network)? The hospital is never obligated to drop the fees and it would be a very rare instance where they would. Have you spoken to them about a payment plan? Using the threat of a HIPAA violation is not going to get you far with a $53K bill. Even if sanctioned by HHS, they are facing what is likely to be a $100 fine for a single violation of this sort.
 
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