QUESTION

Feel I’ve been violated due to Hyppa law things said about me which shouldn’t have been said without my permission

Asked on Dec 08th, 2017 on Civil Rights - Connecticut
More details to this question:
Was going to the counseling center people have called and they gave information about me which was not authorized of me
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1 ANSWER

Personal Injury Attorney serving Stratford, CT
4 Awards
HIPAA rules and regulations provide civil and criminal penalties for those who violate it, but these are enforced by the department of justice, federal attorney general, and/or state attorney general, not private citizens. A private citizen can file a complaint of HIPAA violations on http://www.hhs.gov/ocr/privacy/hipaa/complaints/.  There is always the possibility that the department of justice along with the federal or state attorney generals will investigate and issue sanctions so as to prevent such a breach from happening in the future.  But for a private lawsuit, a patient would have to look to state law to determine if any viable claims exist.  Arguably, HIPAA, applicable federal and state laws, and applicable rules and regulations would collectively provide a standard of care for medical records acquisition, transmission, and maintenance that could be used to prove the necessary elements under the state law causes of action. Generally, a patient would need to look at what state law claims are available in the state in which the breach occurred.  Possible claims, depending on the state, include negligence claims and violation of physician/patient confidentiality as well as invasion of privacy (public disclosure of private facts), and invasion of privacy (intrusion), if such claims exist in that state.  However, any such common law claims most certainly will require damages, which may be hard to show as the damages must be tied to the improper access and disclosure. From what you are describing, no lawyer would be interested in this case due to a minimal expectation of privacy and the nature of your damages (injury to privacy). Good luck. I hope this can help.
Answered on Dec 11th, 2017 at 7:29 AM

Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals

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