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Where do I start my children's HIPAA rights were violated through getting shots and other treatment with no permission?

Newport News, VA |

I have learned that the pediatrician, a dentist office and I have to go pull the hospital records for my kids there...pretty sure my husband's girlfriend signed there without permission...Is there damages to be sought since she was not on a release to sign anything?

Attorney Answers 3

  1. Depending on circumstances (you didn't give any substantive circumstances) the GF might have committed an assault on the kids. HIPAA isn't going to net you anything--if the Doctors office did something wrong they may be fined by the government--you won't see a dime of that. Recoommend you gather up documents and get to a point past 'pretty sure' to something more solid, then go see a local attorney and discuss options (after you've discussed any medical implications of the shots and 'other treatment' with the kids doctor).

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  2. Mr. Rafter has it. Violation of HIPPA does not confer a private cause of action, meaning a cause of action for which you as an individual may seek to get recompense for violation of your rights. Instead, HIPPA is a means by which a healthcare organization, expansive definition, may be fined.

    Again, Mr. Rafter has it in that the medical professional may not have had informed consent to treat your children due to the failure of the authorization signed by the girlfriend.

    I would agree with Mr. Rafter about knowing and not suspecting. Next, I would think very hard about what damages I believe were suffered due to the wrongful act.

    We wish you the best in your endeavor.

    I provide this information in general terms for information purposes only and as a courtesy regarding the law of the Commonwealth of Virginia. Neither I nor my firm are your lawyers until you sign a legal retainer agreement and pay us an advanced legal fee. You may not rely upon our advice and we are not your lawyers by offering this general information. Cases are complex both factually and legally, and we recommend that everyone consult counsel of their choosing if anything other than general information is needed.

  3. I agree with the other counsel - this is not a HIPAA issue. As to any other cause of action - were the children harmed in any way by the treatment? Did they need it? If so, it may be hard to establish a claim for compensable damages.

    This response is intended to provide general information, but not legal advice. The response may be different if there are other or different facts than those included in the original question. See for more information on why this communication is not privileged or create an attorney-client relationship.