I am a 25 year old transgender female to male who has undergone surgery and legally changed my name and gender to male. I've undergone hormone replacement therapy for 3 years. In December of 2014, I began working at Walgreens Pharmacy. I resigned from that position in March of 2015. Two months ago, a cashier from the front of the store was helping out in the pharmacy when my girlfriend picked up my testosterone. This employee has since told everyone in the store that I am Transgendered and on testosterone. I live in a small rural town and this information is something I have worked hard to keep private, because I feared that having my very private choices made public might endanger myself or my girlfriend. Additionally, my living situation is now in jeopardy with my leasor and town locals.
You can sue for cognizable damages, though not under HIPAA which does not offer a private right of recovery. Speak to a lawyer in your area, preferably one used to handling transgender issues (understand you may have to expand your area search radar) and be aware that a suit will bring wider notoriety to the situation than currently exists.
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No private right to sue under HIPAA, and the cat is out of the bag now.
Even though there is no private right of action under HIPPA. You may be able to file a lawsuit against in state court based on negligence and professional liability as it relates to confidentiality. You should contact an attorney, and discuss your options.
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