HIPAA (Health Insurance Portability and Accountability Act) was put in place to ensure that doctors, hospitals, pharmacies, and other medical organizations have properly implemented safeguards that protect the confidentiality, integrity, and availability of your health information. HIPAA’s security rule protects your private health information, but permits access for medical professionals under certain circumstances, and permits you to access your medical records. However, when a medical professional views your medical information for a purpose not permitted under HIPAA, there has been a HIPAA violation. Similarly, if any medical professional, hospital, pharmacy, or doctor’s office gives your medical information to a 3rd party without following proper procedures, such as obtaining your consent, there has been a HIPAA violation.
Typical Law Governing HIPAA Violations
Negligence/Medical Malpractice. In order to be successful in a negligence claim for a HIPAA violation, you must show that the defendant (doctor, hospital, pharmacy, etc.) committed malpractice by falling below the standard of care required of him/her. Rules set forth in HIPAA can be used to establish the standard of care the doctor should’ve followed. If you show that the doctor’s behavior fell below that standard care, and you were injured as a result (the injuries being your breach of privacy and/or dissemination of your private information to 3rd parties), you may recover money damages in a lawsuit.
Publicity Given to Private Facts. Here, you must show that the doctor/hospital/nurse/pharmacy/etc. publicly disclosed private facts that are of such a nature that a reasonable person of ordinary sensibilities would be highly offended at their disclosure.
Call Red Law For A Consultation
Our office welcomes new clients and will always provide you with a friendly and professional attorney that will be happy to discuss your case with you. If you’d like to discuss your HIPAA violation and a potential lawsuit with a Red Law attorney, please call us at 801-4770-RED or email us at firstname.lastname@example.org. In a consultation with a Red Law attorney, your attorney will provide you with a professional opinion of your case, how Red Law can help you, and a rough time frame for your potential lawsuit.