Today I called my chiropractor's office, explained my injury, asked if they could help. They said yes. I hung up and got ready to go to their office. I then remembered they have an employee who has bullied me online before so I called the same chiropractor's office and asked if the woman was still employed there. They told me she was still working there, and I politely and nicely said "Thank You" and hung up. A few minutes later, I received a Facebook message from the woman's ex-girl friend (who is not an employee) that read ""For your information Marian, Kim is at her gym at Dr. Hall's office. They all know you asked if she was here still!!!! " This is clearly a breach of confidentiality. What type of legal recourse do I have?
There is no private right to action under HIPPA. You could file a complaint with the government
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.
There is no private right of action for a HIPPA violation. However, you can make a complaint with the Mississippi Board of Chiropractic Examiners. Its web site is www.msbce.ms.gov. It would appear that there is inadequate training of the chiropractor's employees about the requirements of HIPPA and confidentiality. There may be an action for a state law tort of violation of privacy, but there may not be enough facts here to support such a case.
I am only licensed in Mississippi. By answering this question, we have not entered into an attorney-client relationship nor am I your lawyer. The advice I give in this forum is general in nature and you should consult with an attorney privately before relying on any advice provided in this forum.
She did not disclose your confidential medical information. However, if you feel harassed, go to the police department and take steps to file a restraining order if you feel that is necessary.- based upon facts not provided. I think the best course of action, is find another chiropractor.
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