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I had a HIPPA violation against me by a coworker. This happened August of 2009 but I still feel violated. Can I do anything?

Athens, OH |

I was pregnant, and experienced a miscarriage. I had to go to the hospital on two seperate occassions and my coworker took it upon herself to go into the hospitals system, find my results and share with my work place. So I am setting at home waiting for my dr. to call me with what is going on, and my coworker and my entire workplace knew I was miscarrying before I did.

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Attorney answers 3

Posted

Hippa is a paper tiger. You would have a claim for "invasion of privacy"

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Posted

HIPAA does not provide for a private cause of action. You could file a complaint with the federal Health and Human Servs. Department against the hospital where this occurred. However, the violation itself will not entitle you to any monetary damages under HIPAA.

You may have a cause of action for invasion of privacy or the intentional infliction of mental distress, however, you would need to have some provable damages to warrant an action like that . (Medical treatment for emotional damages, lost earnings, etc.) There may be some criminal liability on the person who broke into the hospital system, but again that would not provide you with any monetary damages..

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Posted

HIPAA does not provide for a private cause of action. You could file a complaint with the federal Health and Human Servs. Department against the hospital where this occurred. However, the violation itself will not entitle you to any monetary damages under HIPAA.

You may have a cause of action for invasion of privacy or the intentional infliction of mental distress, however, you would need to have some provable damages to warrant an action like that . (Medical treatment for emotional damages, lost earnings, etc.) There may be some criminal liability on the person who broke into the hospital system, but again that would not provide you with any monetary damages..

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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