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Can I sue the hospital for a HIPPA Violation?
Philadelphia, PA
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Posted 11 months ago in Health Care
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My 13 year old daughter was admitted to a Mental Health Hospital yesterday. She is on suicide watch every 15 minutes. She threatens to run away from home to go and live with her friend and this friends mom upon discharge. She is forbidden to have anything to with this family because they are wrongly influencing her. Today the nurse told me this friend's mother got a telephone message through to my daughter. I know this is true because the nurse told me. The hospital violated HIPPA because all information is to be strictly confidential. They are not allowed to confirm that my child is an admitted patient and no one should have given her a message from anyone other that myself or her father. When I called the Administrator On Duty to complain she didn't want to talk to me until I said this is a "HIPPA VIOLATION". Then her attitude towards me changed. Should I sue the hospital?
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Answers (1)
John Joseph Miravich
This attorney is licensed in Pennsylvania.
Posted 10 months ago.
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HIPAA does not allow for individuals to sue or recover money. In lawyer 's speak, we say it does not provide for a private right of action.
Moreover, you do not describe a HIPAA violation. Getting a message through does not amount to disclosing personal health information. I assume you may be implying that the nurse disclosed that she was a patient. The hospital is permitted to have patients listed in a directory but the patient has to be given the right to opt out. You would need to look at the admission documents to confirm that this was done properly. Even then, you would file a complaint with the Department of Health. |
