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I wrote a negative Yelp review and it made my life a nightmare

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Re: I wrote a negative Yelp review and it made my life a nightmare

#111

Post by coding123 »

SolarNet wrote: post #98
Nadya wrote: post #34

Earlier quoted context omitted.

>Wow. That violates HIPAA law. The counter-sue is going to be huge. Basically an open and shut case too. Assuming they were smart enough to "correct" the mistake it may not be a Tier 4 ($50,000+) violation, but instead a Tier 3 violation ($10,000 - $50,000 per violation) of willful neglect. I'm not sure if each violation above would be considered a single large violation or multiple small violations ( 1 violation vs…

The quote is taken out of context I think (this is a tabloid) the doctor probably posted the information to the court docket under seal at the request of the judge or at least probably in accordance with the law.

haha, that's really interesting to hear. I'm almost certain a Judge is also not allowed access to medical records. He most likely is not a covered entity. Beyond that while it might make sense to request medical records in a criminal trial, there's no place for that in a civil suit.

Re: I wrote a negative Yelp review and it made my life a nightmare

#112

Post by Nadya »

coding123 wrote: post #111
SolarNet wrote: post #98

Earlier quoted context omitted.

The quote is taken out of context I think (this is a tabloid) the doctor probably posted the information to the court docket under seal at the request of the judge or at least probably in accordance with the law.

haha, that's really interesting to hear. I'm almost certain a Judge is also not allowed access to medical records. He most likely is not a covered entity. Beyond that while it might make sense to request medical records in a criminal trial, there's no place for that in a civil suit.

HIPAA allows health care providers to disclose medical records in response to a court order as long as the order specifies the scope of the records required to be disclosed and is signed by a judge.

Re: I wrote a negative Yelp review and it made my life a nightmare

#113

Post by phonon »

coding123 wrote: post #111
SolarNet wrote: post #98

Earlier quoted context omitted.

The quote is taken out of context I think (this is a tabloid) the doctor probably posted the information to the court docket under seal at the request of the judge or at least probably in accordance with the law.

haha, that's really interesting to hear. I'm almost certain a Judge is also not allowed access to medical records. He most likely is not a covered entity. Beyond that while it might make sense to request medical records in a criminal trial, there's no place for that in a civil suit.

If the civil suit is about medical treatment, do you really think posting responsive documents to the court docket is a HIPAA violation?

Re: I wrote a negative Yelp review and it made my life a nightmare

#114

Post by phonon »

ssijak wrote: post #45

One thing that sticks to me when I read such articles (I am not from US) is how ridiculously pricey medical services are. Common, 1k$ for a regular exam that costs like 20euros in my country in private clinics?! And I read about this ridiculous prices US so often that I am dumbstruck that people are cool with it. Another thing that struck me is that if you don`t have money, evil people can just silence you by suing y…

The price they billed her (after her insurance negotiated its standard discount) was $427.

Re: I wrote a negative Yelp review and it made my life a nightmare

#115

Post by Semaphor »

mschuster91 wrote: post #17

A variation of this scam is also endemic in the German mandatory insurance system (e.g. http://www.ln-online.de/Lokales/Luebeck/Krankenkassen-betrog... ). In contrast to privately insured people (basically, public servants, company founders, rich and ultra rich) who get to see the bills of the medical provider, they can bill the "common" insurance providers (GKV, Gesetzliche Krankenversicherung) directly without the…

> In contrast to privately insured people (basically, public servants, company founders, rich and ultra rich)

And many self-employed people and also some middle class people. Private insurance isn't that rare here.

PS: Interesting to see LN linked ;)

Re: I wrote a negative Yelp review and it made my life a nightmare

#117

Post by 4ad »

skj wrote: post #108
hitekker wrote: post #103

Yelp ought to stick up for the reviewers, at least in some small capacity. I mean, if people feel like they can't be honest in Yelp reviews without getting sued, doesn't that defeat the whole purpose of Yelp? I'd hate to see it become another ZocDoc, where five stars reviews are copypasted ad infinitum.

Yelp's customers are the business owners.

Yelp exists only because people trust it.

Re: I wrote a negative Yelp review and it made my life a nightmare

#118

Post by titanomachy »

SolarNet wrote: post #98
Nadya wrote: post #34

Earlier quoted context omitted.

>Wow. That violates HIPAA law. The counter-sue is going to be huge. Basically an open and shut case too. Assuming they were smart enough to "correct" the mistake it may not be a Tier 4 ($50,000+) violation, but instead a Tier 3 violation ($10,000 - $50,000 per violation) of willful neglect. I'm not sure if each violation above would be considered a single large violation or multiple small violations ( 1 violation vs…

The quote is taken out of context I think (this is a tabloid) the doctor probably posted the information to the court docket under seal at the request of the judge or at least probably in accordance with the law.

This is the only interpretation that remotely makes sense.

Re: I wrote a negative Yelp review and it made my life a nightmare

#119

Post by ataturk »

ssijak wrote: post #45

One thing that sticks to me when I read such articles (I am not from US) is how ridiculously pricey medical services are. Common, 1k$ for a regular exam that costs like 20euros in my country in private clinics?! And I read about this ridiculous prices US so often that I am dumbstruck that people are cool with it. Another thing that struck me is that if you don`t have money, evil people can just silence you by suing y…

Your overall costs are subsidized by high taxes.

Re: I wrote a negative Yelp review and it made my life a nightmare

#120

Post by titanomachy »

AdmiralAsshat wrote: post #5

> “They tried to drag my start-up wine-and-spirits technology business into it … They posted my entire medical record, including notes about my mental health, my bills, my insurance info, my driver’s license, birth date and home address,” she said. That screams HIPAA violation, to me. The practice could (and should) be shut down over it.

Almost certainly the medical details were shared with the court, under seal, rather than posted to (for example) a public internet forum.

At issue here is a disagreement over what services were performed, so it makes perfect sense that the court would require access to these documents.

The reporting is incredibly one-sided here considering that the case is still unresolved. No doubt it will be damaging to the doctor's reputation even if he is cleared of wrongdoing.

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