My medical records were left in lobby of hospital among diabetes educational materials for patients to read. What recourse have

Asked 8 months ago - Saluda, VA

my patient information or medical records were left in the lobby among diabetes educational material available for patients to read. I was informed in letter today Jan. 30,14 and it took place on Dec. 4, 14. What should I do about this. Isn't my patient privacy important.

Attorney answers (1)

  1. Golnar Sargeant

    Contributor Level 19

    2

    Lawyers agree

    Answered . There is no private right of action under HIPAA. You can make a complaint to the US Department of Health and Human Services, and if they want, they will investigate and take action, but you can not sue under HIPAA. For a regular invasion of privacy lawsuit, you would need to prove to the court that you suffered economic damages as a result of the loss of privacy (legal fees don't count) and a lawyer would want at least a $5000 retainer plus their hourly fee. The law does not provide a remedy for every wrong. File the HIPAA complaint with USDHHS.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute... more

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