There is no private right to sue under HIPAA.
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You could start with requesting the electronic file to be destroyed as it was uploaded without her permission. However, paperless systems are now very common. You are fighting a uphill battle and have my support. Good luck.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.Ask a similar question
The new age of electronic medical records I driving many providers to give patients the type of access you describe. There are typically numerous safeguards in place to protect this information to prevent exactly what you are concerned about. Although no method is totally foolproof you should contact the provider to find out what safeguards have been out into effect. This is not a situation where a simple email will allow access to the records so I think this will help curb some of your fears.Ask a similar question
It is a government requirement that medical records be stored electronically.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.Ask a similar question
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