So why would he take my case about a HIPPA violation and forgery and making false claims against my health insurance. I had blood drawn at a lab the worker poked herself with the needle after she with drew it from me. And then tested my blood with out my permission and sent the claim into my insurance and billed me for the test. All my personal information is on this STD tests, on my insurance. I can't get it removed. And the company that does the blood work is an internationl corportation with over 30,000 emplyees. They sent me a $100 debit gift card with little blood drop design as a brib and for my confusion.
The Health Insurance Portability and Accountability Act ("HIPAA" is the correct acronym) relates to transferability of health insurance when people change employers and also established a framework for many regulations that address disclosure of medical records and what is known as the privacy rule.
However, contrary to popular belief, HIPAA has nothing to to with making medical providers liable in any way. While true that HIPAA allows for fines assessed by the Secretary of HHS, there is no private right of action established in HIPAA. There are sometimes rights of action based in state law. But, HIPAA is not the basis for civil lawsuits in this context.
Here's more on HIPAA:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
Since you asked: honestly, you need to listen to your lawyer. Perhaps s/he is being too tactful. Your story is very difficult to believe, no matter the demographic of any witness who would testify to this scenario before a jury.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Often, attorneys take cases based on what they are told by their clients, and by whatever they can find out about the case at the time. Sometimes, as the case progresses, things the client might have told them turn out differently, or discovery in the case forces the attorney to re-evaluate.
If you are not happy about your current attorney, find another one.
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