Is There A Way To Track Which Doctors Are Accessing The Database That Lists Patient Prescriptions?

Posted on Mon, 22 Jul 2013

Medically reviewed by Ask A Doctor - 24x7 Medical Review Team

Mon, 22 Jul 2013 Answered on

Tue, 20 Aug 2013 Last reviewed on

Question : my ex wife is a doctor and we are going through a divorce in california and she is trying to take full custody of our child on the basis that i'm a drug addict. i have reason to believe she is accessing some database to see what prescriptions i am taking. she has mentioned in court documents, which are public record, that i am currently taking "3 medications, one of which is an antidepressant", and i have no idea how she would know this, since she wasn't prescribing them. is there a way to track which doctors are accessing your database that lists out your prescriptions? Also, she has written me multiple prescriptions, so isn't she technically my doctor also and obliged to keep my medical information private? She wrote up and backdated (forged) medical records which lists me as her patient, and she has written in those records that i used illegal drugs in the past and that i was suicidal. in her court statements, which are now public record, she tells the judge that I told her I was suicidal. Isnt this a violation of my privacy? She claims that she wasn't my doctor, but my wife and everything I told her was not private nor protected. Im very confused about this, she has also made details public about conversations, treatments, and referrals that I have had with other doctors. Also, in her medical records she forged, she makes no mention of prescribing me vicodin or codeine, which she did on several occasions. what can i do about this and is it worth pursuing, or is she right?

Answered by Dr. Srikanth Reddy (22 minutes later)

Hello,

Thanks for posting your query in the health care magic.

I have gone through your query in detail.

The law of land is different for different countries. However there are certain common rules and the rule of confidentiality is universal. Your wife by no means should know your medical records and secondly even if she knows them on pretext of being your doctor, then she cannot quote this information. That is against her ethics and she can be tried for this in the court of law. Her licence is at risk.

Using patients medical records for personal gains is illegal and cannot be acceptable.

Hope I am of help to you.
Kind regards
Dr. XXXX
Psychiatrist

Above answer was peer-reviewed by : Dr. Prasad

Follow up: Dr. Srikanth Reddy (31 minutes later)

i understand the law of the land is different country by country, but that is why i stated this is in california/usa. i need to know what i can do about this as it applies to american HIPAA, and also my question, is there a way to track which doctors are accessing your database that lists out your prescriptions? i think these answers may only be known by a physician familiar with american practices, but i do appreciate your response.

thanks,
XXXX

Answered by Dr. Srikanth Reddy (57 minutes later)

Hello
Your health data base is available for your treating doctors ans as you have stated that you wife had been your doctor for a while, its possible for her to have access to your data. However it will not be possible to identify, who had accessed your data.
Still all said, possession of a confidential data by your wife can be questioned and that is a serious offense.
You should discuss this issue with your lawyer who is fighting for you in the law. He will be the best person to know the rules of the land pertaining to medical confidentiality.
In India, the treating records or the treating doctor has to testify in front of the court if at all the allegations are true. Court will not merely accept any persons statement about the next persons medical history.
Hope I am of help to you
Thanks and regards
Dr. XXXXXX MD

Above answer was peer-reviewed by : Dr. Chakravarthy Mazumdar