I took 3 pregnancy test on a Monday and on Friday I started bleeding and went to the ER and within the hour the bleeding had stopped! The CRNP response was you may just be having some implantation bleeding because her pelvic exam confirmed my cervix was closed so she said she wasn't sure so they would just call it a threatened miscarriage. Saturday I text an employee that works Med Surg and not in the ER about social media! She then informed me that she saw my name on the ER status board but she is not allowed in the ER! Later that night I received a couple of phone calls with an employee asking me was I really pregnant because other employees ask! I called on Sunday and filed a report and on Monday administration calls me and upsets me and then I ended up having severe abdominal pains and heavy bleeding in which I had to return to the ER where they confirmed I was having a miscarriage!!! Administration then called the very next day and I have a recorded conversation from both days and a text conversation from the employee of her assessing the ER status board and not working in the ER!!!!
There is no individual cause of action for HIPAA violations and you would be hard pressed to get any physician to tie in your miscarriage to the "emotional distress" attendant to your information having been leaked.
Nothing you post here would support a malpractice claim. Also implantation bleeding involves a fertilized egg and not a fetus and so is incompatible with a miscarriage a week later. You may have misunderstood what you were told.
There is no private cause of action for a violation of the HIPAA statute. You would need to file a complaint with the federal department of Health and Human Services. This would not result in any compensation to you.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
An attorney would need to know more about the facts and circumstances and review the medical records in order to properly advise you. In a medical malpractice case, you have the burden to prove with expert medical testimony that a breach of the standard of care occurred that resulted in injury. The general statute of limitations pursuant to Code of Alabama section 6-5-482, is two years to get your lawsuit filed in the state’s court system, starting from the date on which the breach of the standard of care occurred. There is also a provision that provides a statute of limitations beyond two years. The statute goes on to say that “if the cause of action is not discovered and could not reasonably have been discovered” within the two-year window, “then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier.”I recommend you consult with an attorney to investigate the matter for you. I wish you the best.
If this information has been helpful, please indicate below.
The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I strongly advise you to confer with an attorney to ensure proper advice is received and your rights are protected.
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