My emails between me and my primary doctor were somehow accessed by an office manager in another clinic. She actually read one of my emails to my doctor to me over the phone. I know this is a HIPPA violation, but do I have a case for a lawsuit? The portal I communicate through is run my Baylor Health Systems. I don't know who can read my private emails at this point. I don't trust this system to communication with my physician.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.
That being said, this is a HIPAA violation if the other clinic was not involved in your health care and did not need the information to provide you with health care, and/or if there was a business associate agreement between the clinics (which is unlikely) or some other HIPAA-permitted association. You can make a HIPAA complaint to Baylor Health System and get an explanation of how this occurred, which may satisfy you - or it may result in the system correcting the issue. There is no claim under HIPAA allowed for you, but you might have a state law claim - but the value of that is likely to be minimal at best, as both providers appear to have been providing you with care. You should speak to a TX privacy/personal injury attorney to determine if you have a claim worth pursuing.
/Christopher E. Ezold/
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
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