I had a my MRI results sent from one hospital system to another. The sending hospital sent the records through UPS. UPS verified that the package did arrive there, and gave me the date, time, location, and the name of the person who signed for them. That person, nor anyone else at the hospital knows where my MRI images and information are located. This means that my private information is floating around for anyone to find. They need to be held responsible for this. Can I sue them?
Get another MRI that should be offered so that your doctors can treat you.
No one will know what to do with the scans.
The primary statute protecting privacy in medical records is HIPAA. But HIPAA does not give a person harmed by the violation a right to sue the company.
Where people have sued and tried to avoid claiming a HIPAA violation, instead asserting invasion of privacy, negligence, negligence per se, negligent training, negligent supervision, intentional infliction of emotional distress, and breach of fiduciary duty, the court dismissed their claims, holding that there was no basis on which relief could be given. Sheldon v. Kettering Health Network, 2015-Ohio-3268.
The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author, and should not be relied upon as legal advice. The response given is a generalization applying to some possible situations. For consideration of the factors which are relevant to any legal problem, please consult an attorney.
When you can show cognizable damages---you might have a basis for suing either of the two hospitals or the shipper. General rule: no damages = no suit. YOu have no apparent damages so a law suit would be a waste of time, effort, and money.
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