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Asked about 1 year ago - Fort Lauderdale, FL

WHEN A NURSE SPEAKS TO SOME ONE ELSE ABOUT UR MEDICAL INFORMATION WITH OUT UR CONSENT AND OR GOSSIP IS THAT A VIOLATION OF THE HIPAA AS WELL AS PATIENT PRIVACY PRIVILIGES AND YOU RIGHT TO PRIVACY

Attorney answers (5)

  1. Kenneth Joseph Bush

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . Yes, presuming that someone else isn't the physician involved with your care and treatment. Bear in mind that a HIPAA violation does not necessarily provide you with a private cause of action.

  2. David Ian Schoen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . This is really a health care question not a malpractice question. Although, he/she probably violated your rights to privacy, it is probably not actionable.

  3. Josh P Tolin

    Contributor Level 19

    4

    Lawyers agree

    Answered . It is hard to know what was said. Other healthcare providers discuss cases with each other to help patients, not to hinder them. If she did not use your name, but was speaking generally, it may have been to get advice to help you. Either way, I agree that it is not actionable.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . No private right to sue under HIPAA

  5. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . The federal HIPAA law does not provide for an individual to recover damages for a violation. The Secretary of health can seek a fine for a violation.

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