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Can a medical office be sued for accessing personal medical information on employees by a staff member

Freedom, PA |

I work for a specialists office and was in the hospital for 4 days for severe anxiety and depression. During that time my medical records were accessed twice by my supervisor and/or an employee here. (We have access through our computer system for medical records at certain facilities). What rights do I have

Attorney Answers 3


  1. Best answer

    If you believe your personal health information has been disclosed inappropriately to an individual you have not authorized to receive it, you may report it to Health and Human Services Office of Civil rights. This is known as a HIPAA violation. Here is a link to direct you in reporting the suspected violation:

    http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

    Responses contained here-in are not intended, nor do they create an attorney-client relationship. Legal questions are best answered by full and complete consultation with a licensed attorney in your area who is licensed in your state of residence.


  2. I believe that HIPAA the government privacy law does not allow you to sue for violations. You can sue for violation of privacy rights. Good luck.


  3. If you have an employer supplied health insurance plan, employment agreement, non-compete agreement or any other contractual document that you signed when you got the job, you may have signed off on this disclosure. Often employees do not read, in detail, what they sign when human relations takes you in on the first day. If your employer is big enough to have computer access to healthcare records of its employees, I am going to assume the company feels it is able to look at the records. You may think it is an invasion of privacy, but without damages, you will not get much interest from lawyers in getting involved in litigation. There is a small chance that if you can find out that what the company did is illegal and the company is big enough and is non-union, a class action may be feasible but I doubt it.

    This answer is not intended to be legal advice in a lawyer/client relationship. Misunderstanding of the answer or use of the answer for any illegal purpose is not the responsibility of the writer. The answer to any question in the Avvo website is constrained by the limited content of the question, an incomplete description of the facts underlying the question or a wrongful motivation for the question.

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