HIPAA Violation?

A Dr. told my fiancee the results of my lab tests without my permission. What if any course of action should i take...i feel my privacy rights have been violated!!

Makawao, HI -

Attorney Answers (2)

Barry Franklin Poulson

Barry Franklin Poulson

Health Care Lawyer - Hillsdale, MI

There is no private cause of action under HIPAA, although you can file a complaint. Possibly you could sue the doctor and your fiancee for invasion of privacy. Be aware that lawsuits are remarkably public. But, it would save you the trouble of breaking up with your fiancee. If you want to proceed, do an AVVO search for a Personal Injury attorney in your area, look at their profiles, pick a couple that you like, discuss fees, and make an appointment with one you like, bringing your retainer. Not everything that is possible is a good idea.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
Martha Ann Knutson

Martha Ann Knutson

Health Care Lawyer - San Diego, CA

Can't offer any advice about the fiance.

If you are still interested in getting care from the physician, a good first step would be to ask him / her why they did this. If you aren't satisfied with the response there is one less public alternative than a lawsuit, which is to file a complaint with the federal agency that enforces the federal HIPAA privacy rule. I'm putting a link below where you can get more information.
Such a complaint will probably result in an investigation - but it's not a fast process - and possibly a fine or other action taken against the physician.

Your next step basically depends on what you want to try and accomplish. Good luck.

This response is intended to provide general information, but not legal advice. The response may be different if... more

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