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Spinal cord stimulation
08-22-2010, 03:51 PM
Post: #41
RE: Spinal cord stimulation
jayne Wrote:so you got what you wanted.....and your gonna throw all those other patients under the bus......your GF is a medical practitioner who is sworn to do no harm and she threw all those patients under the bus also.....if that Dr had all those records open to public viewing and your GF didnt say something she is just as guilty as he......the next patient may not be as lucky as you.....

It's not throwing any of those patients under the bus. I have worked in HIPAA compliance and nothing would happen to those patients. Dr would get a fine and have to clean everything up by a specified date and if he didn't do that he'd be fined again with possible legal action. What it would have done for me is given my attorney a possible leg to stand on in court in order to request a new physician for the IME exam. However, I was fine with what the Dr said so I left it at that. I figured that if another patient comes along, doesn't like what the Dr has to say, and sees open boxes of records and knows that it's a violation of HIPAA then they would have the opportunity to approach their attorney to try and get a new IME physician. Not saying it would work, but anything's worth a shot if the IC denies you care based on the IME exam. It might give the injured worker an opportunity to appeal the decision and try again.

I'm all for throwing the IC under the bus since they've done it to me so many times already and if by not turning this doctor in means there's a possibility that another injured worker could use the situation to their advantage then I'm all for leaving things alone.
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08-22-2010, 06:51 PM
Post: #42
RE: Spinal cord stimulation
The thing is, that even if there was a Hippa Violation of only records sitting around, it does not mean the doctor is no good. It would only mean the doctor's office is lazy in complying with HIPPA is all. This would not have dis-qualified the doctor from making an IME report. And is not even enough proof to say a different IME would be needed if the medical opinion is supportive.

popflier Wrote:
jayne Wrote:so you got what you wanted.....and your gonna throw all those other patients under the bus......your GF is a medical practitioner who is sworn to do no harm and she threw all those patients under the bus also.....if that Dr had all those records open to public viewing and your GF didnt say something she is just as guilty as he......the next patient may not be as lucky as you.....

It's not throwing any of those patients under the bus. I have worked in HIPAA compliance and nothing would happen to those patients. Dr would get a fine and have to clean everything up by a specified date and if he didn't do that he'd be fined again with possible legal action. What it would have done for me is given my attorney a possible leg to stand on in court in order to request a new physician for the IME exam. However, I was fine with what the Dr said so I left it at that. I figured that if another patient comes along, doesn't like what the Dr has to say, and sees open boxes of records and knows that it's a violation of HIPAA then they would have the opportunity to approach their attorney to try and get a new IME physician. Not saying it would work, but anything's worth a shot if the IC denies you care based on the IME exam. It might give the injured worker an opportunity to appeal the decision and try again.

I'm all for throwing the IC under the bus since they've done it to me so many times already and if by not turning this doctor in means there's a possibility that another injured worker could use the situation to their advantage then I'm all for leaving things alone.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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08-22-2010, 09:53 PM
Post: #43
RE: Spinal cord stimulation
I am not saying one way or another but if the Dr doesnt care enough about his patients to guard their privacy....what else does he not care about? Just not good Patient practice is all.....could be he was a rent a Doc also and it wasnt even his office......My IME was a rent a Doc.....but he also was a quack.....good luck

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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