Has my MUSC psychiatrist violated SC statue SECTION 40-47-110 B-9 by using HIPAA exemption to accuse me falsely of drug abuse?

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My MUSC psychiatrist contends I induced the torture of protracted withdrawal by consuming an average 50 milligrams Ambien a day. I have an IMBA from USC's International Business School in Financial Analysis. I ordered my pharmaceutical records from DHEC and my private records, signed by my only pharmacist. My analysis disproves his insane claim beyond a doubt. I understand it does not constitute defamation, because no one has pressed charges ( because they cannot). It does appear to violate SC statue SECTION 40-47-110 B-9 prohibiting "engaging in dishonorable, unethical, or unprofessional conduct that is likely either to deceive, defraud, or harm the public," under the "Misconduct" rules. This matter is one of numerous complaints included in a pending state medical examiner's board ethics complaint. I have fought this battle and requested evidence from MUSC for 18 months. The political odds are stacked against me, as 80% of the SCMERB either graduated or presently work for MUSC. Thank you for your feedback

Attorney Answers

2
Michael Sribnick ·
Your psychiatrist has the right to his/her medical opinion. I do not see a violation of HIPAA (no private right of action) or misconduct from the information given. I graduated from Vanderbilt Medical School. You are free to run this by another attorney. Dr. Michael G. Sribnick, Esq. personal injury attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC
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Jason William BurgessFamily Law AttorneyWalnut Creek, CA ·
No, there is no violation. None of that prohibition applies to medical opinions in private medical records. Specifically, HIPAA prevents your medical records from being seen by the public. Nor would his opinion of your use defraud any of the public. Your ethical complaint is your right of action. You have posted here before. Your situation is not one of a legal assistance nature this site can address. Re-posting it will not change that or get you a different result. Get a lawyer if you want to sue, but it is unlikely any lawyer will find a reasonable basis upon which to do so.
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