AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question I will be brief I am certain you are busy.
I have a family friend that works at a hospital in surgery. I am in need of a total shoulder replacement. Friend asked Dr. A about me, he said have him come see me and "I will take care of him" Saw Dr. A said I need a total shoulder but would not help me bc I do not have ins. and would not give pain meds and told me to go see another Dr B. who does exactly what Dr. A does
Friend saw Dr. A weeks later. Dr. A told my friend and others in a break room I am a drug seeker and discussed me and my health issues.
Little bit of background. Dr. B scheduled me for surgery. 4 doctors over the last 2 years have seen me and all agree on what needs to be done.
Is this something I should contact an attorney about.
Thank you for your time,
Chris
Answer Chris,
I cannot tell you to see an attorney for this but I would suggest you file a complaint with the hospital and board of medical examiners of your state. Violations of HIPAA do not provide for a private cause of action but there are sanctions for each violation.
The facts you present amount to a breach of fiduciary duties in that the physician told another person who was not rendering healthcare to you facts about you which amount to a breach of confidentiality. An attorney in your area may be interested in looking into the matter if you can show damages as a result of the breach.
