Q: My primary care provider asked me why am I donating plasma, I answered because of financial reasons. After the fact
I felt like my privacy was violated. It was none of her concern whether or not I'm doing it to Save a Life or for financial reasons. I had to go there because the Plasma Place needed my primary care physician needed to type up a letter saying what medication I am on and whether or not they approve me donating twice a week. She says I need my blood and she doesn't recommend donating plasma, anyone. She decided not to sign the paper because it's not the Red Cross and she doesn't want to lose her license. The two medications that I'm on are for anxiety and depression. Which you can't take one without the other. I just want to know is this medical malpractice, invasion of personal information, HIPAA, I can't find anything online, thank you.
A: You voluntarily responded to your PCP, so no privacy invasion, or HIPPA- which is improper disclosure to third persons. Malpractice? Probably not. Even if it was one of these violations, you probably do not have any significant damages that would be recognized as compensable in a Court of law. This case arises under PRIVACY law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
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