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Can I sue a hospital for hippa violation?

Silver Spring, MD |

I was a patient in a hospital and i was informed that another patient had requested there medical records and mines were sent to them by mistake. Can I sue for hippa violation or privacy volation . If so what type of lawyer do i need and where can i find them?

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Attorney answers 1


HIPAA doesn't provide a private cause of action for its violation. Only the U.S. Department of Health and Human Services may maintain an action for violation of HIPAA. Your remedy under HIPAA is limited to filing a complaint with the health care provider that you believe violated the statute. You may, however, have a private cause of action for invasion of privacy under state law. Consult a local attorney to discuss that possibility.