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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

Fort Lauderdale, FL -

Attorney Answers (5)

Kenneth Joseph Bush

Kenneth Joseph Bush

Medical Malpractice Attorney - Coral Gables, FL
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.

David Ian Schoen

David Ian Schoen

Medical Malpractice Attorney - Windsor, VT
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.

Josh P Tolin

Josh P Tolin

Medical Malpractice Attorney - Saint Louis, MO
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.

Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

No private right to sue under HIPAA

Elizabeth Taylor Herd

Elizabeth Taylor Herd

Medical Malpractice Attorney - Tampa, FL
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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