What are my legal options if aphysician breached doctor-patient confidentiality?
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What are my legal options if aphysician breached doctor-patient confidentiality?
My cousin (in W VA) was part of the trauma team that worked on me after I was involved in a car accident in June. I believe she gave out information to another family who then gave the information out again which resulted in further consequences for me. I need to know what I should do, what state I need an attorney in, and what kind of attorney I need? I’m not sure what HIPPA violation this falls under.
Asked on September 17, 2010 under Malpractice Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you mean what are your legal options as in a private right of option against the doctor, let me first begin by saying the it is my understanding that Congress did not give a private right of action to individuals under HIPAA. Instead, HIPAA violations are prosecuted by the Office of Civil Rights, a federal agency. There has, however, been some flurry of activity in the courts by attorneys and patients that use the violation as a basis of a lawsuit in tort litigation, such as intentional infliction of emotional distress. The lawsuit is not a suit under HIPAA but rather state tort law citing the HIPAA violation as "proof" of the claim. Interesting to say the least. So if you believe that the hospital has violated HIPAA through its employee then reprt them. And then see an attorney in your area. Good luck.
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