Legal Question in Health Care Law in Iowa

A nurse from a large Iowa medical clinic slandered and libeled me, and retaliated against my daughter who had a serious accident. In addition to falsely alleging I (mom of 21 yr. old daughter) threatened her, which I can disprove via the police officer sent to our home, other inconsistencies show her accusations are false. Our entire family was banned from the place and when my daughter ordered her medical file, we read various "Phone Encounters" that included numerous quoted statements allegedly made by me that are false and have many "...." meaning they were partial and edited, giving a one-sided picture. To my knowledge, when you quote someone, you must be precise and exact. Since the documented phone encounters are in her file with lengthy quoted statements, then they either taped me without me knowing it and used partial information or didn't tape me and she falsified information. Do I and or my daughter have the legal right to know if they were based on taped conversations and do I and/or my daughter have the right to access to the source of those statements if taped, meaning a copy of the actual tapes? If not taped, there is no way she was accurate when we were having a 2-way conversation and she used language I never used, and kept editing parts out. In addition to slander and libel, there claims of being threatened was the alleged cause of action for entire family being excommunicated and for her surgies being cancelled twice when in fact, I believe they were afraid of malpractice or the nurse feared for her job since I had complained to her supervisor about her conduct, which is encouraged by the clinic's ongoing attempts to get patient feedback. We have been abused in many ways. My daughter is 21, but signed a HIPAA releasing info to myself and my husband, yet many key phone encounters were left out, which we can prove from our phone bills, and this nurse violated her HIPAA rights by sharing medical info with me before my daughter signed the HIPAA. My daughter has been very ill, while trying to stay in college, and the nurse verbally harassed and berated her by telling her to manage her own medical care, not knowing the full picture of her health and the complex insurance issues. She crossed professional boundaried, lied, abused our family, humiliated us by send the police.....

Other than filing a HIPAA complaint and a complaint with the IOW Board of Nursing, do I have any other recourse?


Asked on 5/23/13, 8:19 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

It would be a good idea if you state your question as succinctly as possible.

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Answered on 5/25/13, 8:28 pm

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