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Old 10-04-2007, 09:49 AM   #1
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My protected rights

Can a Dr. without your permission, without notifiying me,turn over information about a drug test he took, giving the Superintendent information to fire me from my job?

 
Old 10-04-2007, 12:33 PM   #2
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Re: My protected rights

If your boss requested it, you probably signed something during your hire that okayed it. Once they ask, I don't think they have to ask again. I would go to human resources and ask to see your file, they should have a copy of every thing you have ever signed while working there.

Either that or call the doctor and ask on whos authorization that information was given out. If you are getting fired because of chronic pain, unless your job requires that you be in no way impared, like a bus driver or a pilot, you might have some recourse against them by claiming disability.

It almost sounds as if you think this doctor called your boss behind your back, that would be so bizarre, can you explain what happened?

HTH, Fabby

 
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Old 10-11-2007, 08:43 AM   #3
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Re: My protected rights

My story goes like this. I went to the Dr. during summer vacation, for this pain management. I was told at a later date that they gave me a drug test to see if there were opiates , this would show them if I was taking my meds. or selling them, not even realizing that I hadn't been to the Dr. in over 2 months so there would be no evidence of pain med. in the meantime the test showed pos. for pcp, I assumed the dr. thought this would be important info. for my employer to see, since I was a busdriver. This is a very small town. I was never given a chance to know any of this. The first day back to school we werer given a "random drug test", I was told in 2 days I would not be driving due to the fact I failed my drug test. He was leading me to believe, I failed the one the school gave, especially because I knew nothing about the Dr. drug test at that time. To make aq long horrible story short, when i asked to see my drug test, because i do not do drugs, that's when i lost my parapro job. I worked as a bus driver/parapro. I later got my test results of the required test they were neg. I then hired a lawyer, my lawyer found within 2 days all this info about the anti-depressant, Effexor xr, which I take and the dr. refilled may cause false pos. for pcp. I have since then taken a hair follicle test, to be found neg. I have lost both my jobs, I am angry that that Dr. felt he had the right to give out my info. to my employer, especially without considering my meds. and the type drug it was.

 
Old 10-11-2007, 08:47 AM   #4
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Re: My protected rights

Quote:
Originally Posted by vickster56 View Post
My story goes like this. I went to the Dr. during summer vacation, for this pain management. I was told at a later date that they gave me a drug test to see if there were opiates , this would show them if I was taking my meds. or selling them, not even realizing that I hadn't been to the Dr. in over 2 months so there would be no evidence of pain med. in the meantime the test showed pos. for pcp, I assumed the dr. thought this would be important info. for my employer to see, since I was a busdriver. This is a very small town. I was never given a chance to know any of this. The first day back to school we werer given a "random drug test", I was told in 2 days I would not be driving due to the fact I failed my drug test. He was leading me to believe, I failed the one the school gave, especially because I knew nothing about the Dr. drug test at that time. To make aq long horrible story short, when i asked to see my drug test, because i do not do drugs, that's when i lost my parapro job. I worked as a bus driver/parapro. I later got my test results of the required test they were neg. I then hired a lawyer, my lawyer found within 2 days all this info about the anti-depressant, Effexor xr, which I take and the dr. refilled may cause false pos. for pcp. I have since then taken a hair follicle test, to be found neg. I have lost both my jobs, I am angry that that Dr. felt he had the right to give out my info. to my employer, especially without considering my meds. and the type drug it was.

 
Old 10-11-2007, 09:37 AM   #5
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Re: My protected rights

I can understand your frastration. When I worked (Wall Street financial institution corp) we signed application that we will be sent to the drug test before we get hired and random during working times.
We had a guy who was fired after 3 years working with us. We couldn't understand why and than find out that he was sent (we all have this once in a while) for drug test and failed it.
I believe that the system a bit different at your place, but being a bus driver, I wouldn't be suprised that you have same policy as many companies have regarding drug tests.
Good luck to you and I hope your lawyer will be able to clear your name. Shame that this happened to you.

 
Old 10-12-2007, 09:12 AM   #6
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Re: My protected rights

i would seriously speak to your lawyer about this,honestly,i DO think,even despite the reason,this violates HIPPA.the doc should have at the very least,talked with you about this and you would have had to have signed a release of info before this could actually be seen by anyone other than your doc.the fact that your hair test turned up neg should clear this whole situation for you.that doc needs to be held liable.he SHOULD have spoken to you about your own test results before 'doing' anything else.really.all he had to do was talk to you FIRST.going behind your back like that when this was not even an issue really is just soo wrong.the doc needed to explore this a bit further before jumping on this like he did.doing that hair thing really would have been a good idea for HIM to do before doing what he did.all he had to do was really explore it and get his real hard facts straight before anything else was really done on his end.the man should have known that certain things that get ingested can cause false positives for many things.i mean seriously,PCP??i just think this would seriously violate your HIPPA rights.hell i can't even actually make an appt for my over 18 year old son for a mental health doc visit without HIS permission for gods sake.becasue it would violate his HIPPA rights,just MAKING the actual appt.have an in depth chat with your lawyer about this whole situation,he would be able to tell you for sure just what and who did wrong here.i do hope you get your job back and this stupid doc gets what he deserves too.please let us know how things are going for you,Marcia
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3-22-01,herniated C-6-7
11-20-01,placement of hardware for failed fusion
9-22-03,removal of cavernous hemangioma that was inside spinal cord. Neuro damage to L hand L leg and R leg.

 
Old 10-12-2007, 11:16 AM   #7
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vickster56 HB User
Re: My protected rights

Quote:
Originally Posted by feelbad View Post
i would seriously speak to your lawyer about this,honestly,i DO think,even despite the reason,this violates HIPPA.the doc should have at the very least,talked with you about this and you would have had to have signed a release of info before this could actually be seen by anyone other than your doc.the fact that your hair test turned up neg should clear this whole situation for you.that doc needs to be held liable.he SHOULD have spoken to you about your own test results before 'doing' anything else.really.all he had to do was talk to you FIRST.going behind your back like that when this was not even an issue really is just soo wrong.the doc needed to explore this a bit further before jumping on this like he did.doing that hair thing really would have been a good idea for HIM to do before doing what he did.all he had to do was really explore it and get his real hard facts straight before anything else was really done on his end.the man should have known that certain things that get ingested can cause false positives for many things.i mean seriously,PCP??i just think this would seriously violate your HIPPA rights.hell i can't even actually make an appt for my over 18 year old son for a mental health doc visit without HIS permission for gods sake.becasue it would violate his HIPPA rights,just MAKING the actual appt.have an in depth chat with your lawyer about this whole situation,he would be able to tell you for sure just what and who did wrong here.i do hope you get your job back and this stupid doc gets what he deserves too.please let us know how things are going for you,Marcia
Dear Marcia,

Thanks so much for your reply. I will let my lawyer know. I feel I have fallen into the twlight zone. Ir is really hard for me, because like I said, this is a small town and people love gossip, of course they like to add whatever to their story. There's no telling what is being said, besides the fact I'm unemployed and things are getting alittle rough. I will let you know how everything turns out. Thanks again so much for caring and responding to my question.
vickster56

 
Old 10-13-2007, 09:11 AM   #8
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Re: My protected rights

i sure hope things will work out your way.what this doc did was just plain wrong in not really checking the results really thoroughly first and then going behind your back in doing this.thats just wrong.it is almost slander you know?it's just soooo very wrong.he should have discussed the results and double checked his findings with YOU before doing ANYTHING else with that information.this is kind of why we have laws in the first place,so this kind of crap doesn't just happen.i really do feel for you.hopefully things will work out for you.please keep us posted,Marcia
__________________
3-22-01,herniated C-6-7
11-20-01,placement of hardware for failed fusion
9-22-03,removal of cavernous hemangioma that was inside spinal cord. Neuro damage to L hand L leg and R leg.

 
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