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

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

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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 legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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