QUESTION

Is it possible to sue a Insurance companys doctor

Asked on Dec 06th, 2014 on Litigation - California
More details to this question:
A doctor discussed my 13 year medical history with his door to the office open and all the people in the waiting room heard the 2 hour appointment and were talking about it they didnt know my wife was in the waiting room
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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HIPAA, the federal law that requires medical providers to keep your medical matter secret and confidential, provides for government imposed penalties, but does not provide a private cause of action. All you can do is file a complaint with the Department of Justice. I don't know whether there is any California law that would impose a penalty you could collect. The problem with an ordinary negligence claim for breach of your right to privacy is that what damages have you suffered? Did any of the people in the waiting room know you? The disclosure has not caused you to lose a prospective job, your current job, a promotion or a salary raise. As long as the government doesn't enforce this law, it will have no teeth. If you appreciate this free advice, please remember to refer me to your friends and acquaintances who need a lawyer. Referrals are still our best source of new business Dana Sack
Answered on Dec 08th, 2014 at 2:23 PM

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