Wondering if this is a hipaa violation?

Asked over 3 years ago - Omaha, NE

my son was shot and killed,at the hospital the nurse coordinater on that day seem to have a bad attitude,,i work at the same hospital,i found out a week later,that this nurse coordinater was on the floor i work on talking about my son giving great detail to people,on how many times he was shot and were he was shot,is that a hipaa violation?

Attorney answers (1)

  1. L. Maxwell Taylor

    Contributor Level 20

    Answered . I'm sorry for your loss. I cannot imagine what it would be like to lose a son.

    What you should know is that there's no private right of action for HIPAA violations. If it were YOUR info that was disseminated in violation of HIPAA, you would not be able to sue for its violation. The state can impose modest fines for HIPAA violations, but individuals can't sue.

    If you feel your son's privacy was violated, you can complain to the hospital and to the governmental agency that regulates the hospitals in your state. But I see no civil action available here, at least under general principles of law.

    Don't take that as legal advice, since I don't hold Nebraska licensure. It's simply my two cents on the facts you present in light of general principles of law. If you need legal advice, please consult a lawyer who holds Nebraska licensure.

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