A HIPPA violation occured at the CVS Pharmacy against my husband. I have already received a letter from CVS stating that the store was sanctioned and fined, due to the situation that occurred with my husband. I have also filed a complaint with the office of civil rights, and I have not heard anything from them. I just need to know if I have a case against CVS.
Quick research indicates no, at least under Federal law. The HIPAA statute leaves enforcement to the Federal DHHS Office of Civil Rights.
Now, I found a 2011 article by a big Virginia-based law firm that said perhaps the violation can be the basis of a state law negligence claim, and it cited one case from Missouri. Seems to me that a state law negligence claim for this, however, would be like any other negligence claim and would need to have the two elements: liability (the violation) and damages. Not sure if you have or what your damages are or that any damages that do exist would be worthwhile for an attorney to pursue.
If you want to explore this further, seek out a consultation with a firm in WV that handles HIPAA matters. The WV Bar, www.wvbar.org, might help in that search. The firm in Virginia is McGuireWoods, based in Richmond.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
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