drug abuse,confidentiality

Published

August 25th I was fired for stealing demerol over the course of 8 weeks. I have been a nurse for 16 years and never before used or took drugs. I was fired and have been in recovery and doing well. My problem is my ex-husband, a wealthy, aggresssive surgeon is trying to take full custody of my 4 children, ages 5-11 yrs. I attempted to commit suicide the day I was caught.No one including the children were there. I was taken to a hospital and treated for 5 days. My ex stole my medical records and used them in the legal arena to begin proceedings labeling me unstable,unfit. A HIPAA complaint was filed. My marriage was physically and verbally abusive. The abuse continued after the divorce and my hopelessness contributed to my drug use. I am now doing well, better coping skills than ever. What rights do I have as far as confidentiality? They are subpoening my direcor of nurses next week. I am a good mother and will fight for my children. What can I do to protect myself and them? Has anyone had any experience with this? How much does HIPAA protect me as far as my records being subpoened?

Up Vote Up Vote ×

what does your lawyer say??? This is a legal question, not a nursing one. I hope it all turns out well for you.

Up Vote Up Vote ×

first what state do you live in? contact your licensing board and find out your rights in regards to this info being shared legally. second hire the best damn lawyer you can find.....don't worry about the expense because if he/she is the best they will win the case and your ex will have to pay the lawyer's fees. find a lawyer whose game plan will be to focus on making your ex go on the defense, ie: concentrating on the physical and verbal abuse and take the focus off what you have done, or attribute it to his abuse...see what i am saying? at any rate....definitely get a good lawyer. good luck with both your recovery and your divorce, don't let the results cause you to backslide! undefinedundefinedundefinedundefined

august 25th i was fired for stealing demerol over the course of 8 weeks. i have been a nurse for 16 years and never before used or took drugs. i was fired and have been in recovery and doing well. my problem is my ex-husband, a wealthy, aggresssive surgeon is trying to take full custody of my 4 children, ages 5-11 yrs. i attempted to commit suicide the day i was caught.no one including the children were there. i was taken to a hospital and treated for 5 days. my ex stole my medical records and used them in the legal arena to begin proceedings labeling me unstable,unfit. a hipaa complaint was filed. my marriage was physically and verbally abusive. the abuse continued after the divorce and my hopelessness contributed to my drug use. i am now doing well, better coping skills than ever. what rights do i have as far as confidentiality? they are subpoening my direcor of nurses next week. i am a good mother and will fight for my children. what can i do to protect myself and them? has anyone had any experience with this? how much does hipaa protect me as far as my records being subpoened?
Up Vote Up Vote ×

The above are good suggestions. You can get through this. Thank goodness you are recovering and have the determination and strength to tackle these challenges. Keep us informed of your discoveries. Take care of yourself.

Up Vote Up Vote ×

i dunno where you are but here in sunny FL the state tried to subpeona Rush Limbaugh's medical records in an attempt to charge him w/ Dr. Hopping the state said nope - you can't have access to those records....

when governer bush's daughter was accused of stea;ing drugs and bringing them in to court ordered drug treatment the state ruled that the treatment center did not have to divulge what happened...

well - that gives me hope for you!

listen, just because someone makes a mistake while under the influence doesn't make him or her a bad person for life but some people that want to brand us that way. Just pray for serenity...

Up Vote Up Vote ×
Specializes in Med-Surg.

Seems to me here that lawyers have full access to medical records in court cases. HIPPA guarantees privacy to an extent, but if it's a "need to know" basis then information can be given out. If there's a question of whether you're a fit mother, I'm not sure that information can be 100% confidential. But definately ask your lawyer.

Best wishes to you. I'm sorry you have to go through this. Stay strong and stay clean.

Up Vote Up Vote ×
Specializes in Critical Care/ICU.

Your ex has got the gall to imply that you might be unfit when he himself stole your medical records to use for his benefit against you!? Don't give up hope and stand tall for yourself and your kids.

Other's in this thread have offered great support. I'm sorry I have nothing to offer except my very best wishes for you in your personal tragedy.

Up Vote Up Vote ×
+ Join the Discussion