Our HIPPA rights have been, and are being violated by a nurse that treated my wife during her hospital stay.

Asked over 1 year ago - Birmingham, AL

I would like to pursue a case against a hospital and/or nurse guilty of blatant HIPPA violations? My wife recently had a baby at this hospital and was treated very poorly. Now one of the nurses is talking about my wife and details of her treatment that are very private. The nurse in question was talking to a friend of ours telling her the details of our hospital stay while attending a local softball game, in the presence of numerous other spectators. . My wife was treated VERY poorly during her hospital stay. I can show specific instances where the hospital staff was neglectful in the treatment of my wife due to their personal assumptions. And now the nurses are clearly violating our HIPPA rights, and we would like to pursue retribution. Is this type situation worth pursuing?

Attorney answers (4)

  1. Martin Evan Weinberg

    Contributor Level 10

    Answered . Charles is correct. There is no lawsuit available for a HIPPA violation directly. Sounds like you may have an invasion of privacy case. In order to have a viable case you need a violation of law or what is called a tort (essentially an injury) and you need to have damages. What was the harm done in that information being released or spoken about? Negligent treatment is a completely different claim than an invasion of privacy claim.

    No representation is made that the quality of legal services to be provides is greater than the quality of legal... more
  2. Rixon Charles Rafter III

    Contributor Level 20

    Answered . Not for your finances--ther is no mechanism for recovering money under HIPPA which means you get nothing.

    Your state may have a law under which you can file. However, being poorly treated is not usually grounds for a suit, and depending in circumstances you may or may not have a case. See a local attorney ASAP to detail all the facts and circumstances.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
  3. Robert Samuel Hoover

    Contributor Level 12

    Answered . HIPAA does not provide a basis for you to sue the disclosing provider for damages for violations by itself. HIPAA violations mandate civil and criminal penalties, but those are typically enforced by the government, and you would not receive any of the fines that might be levied. If you have been damaged by the nurse's statements, either to your reputation, business, or in some cases been caused emotional distress, you may have a claim against the nurse and/or the hospital for defamation/invasion of privacy. At a minimum, you should report the Nurse's statements to the hospital's administrator. Most hospitals take these complaints very seriously.

  4. Tregg Robert Lunn

    Pro

    Contributor Level 13

    Answered . There is no private right to sue in HIPPA.

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