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Is violation of my HIPAA Rights grounds for a lawsuit?

Northridge, CA |

My medical information included personal nature of gyn services rendered to me by my medical provider was sent to my father in his name . Apparently the medical office screwed up and billed him for services that were rendered to me. Upon calling the claims dept in the medical office they violated my rights by telling him that those services were provided to me ( they stated my whole legal name) and then the lady stated she is your daughter right? I am a 29 y/o female who has medical insurance provided to me throught my employer and has nothing to do with my parents medical insurance. I work in medical mgmt myself and feel extremely upset over this matter as it is hard to face my father after this incident as he know my medical information.

Attorney Answers 1

Posted

There is no private right of action under HIPAA. You can file a complaint with the U.S. Department of Health and Human Services. If any of the California attorneys know of a state law that was violated, they can address it. I am a Virginia attorney. We have a law here that covers it.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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Can I sue my doctors office? I live in Virginia and I recently moved cities. I requested to obtain my medical records from them and they were trying to charge me $30 for the records. I then called in and asked if I could obtain them and the receptionist told me that I could get them for free the first time. So since they were far away, I decided that I would get them faxed over to my new doctor. I faxed the release form to my old doctor and they failed to look at the release form for their contact information. They ended up sending over 60 pages of my medical records to my employment. Can I sue them? What options do I have available?