QUESTION

how serious is a Hipaa violation?

Asked on Sep 20th, 2017 on Medical Malpractice - Colorado
More details to this question:
my wife was in the hospital, my realtor came a visited. the Dr came in and started asking questions of my wife in front of him. i had told my realtor that she had a kidney infection, but the doctor started asking other more direct questions. ( she was in there for a drug overdose) i had already explained to everyone that there are no relatives, so there is no one but myself or her to talk to about any of this..
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1 ANSWER

Personal Injury Attorney serving Amarillo, TX
Partner at Make Right Law
2 Awards
I'm sorry to hear this happened to your wife. You can report a HIPAA violation here:  https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf However, there is no right to sue for damages for HIPAA violations.  You might be able to file a suit under a violation of privacy type of theory but it is often difficult to prove any resulting damages. There are practical considerations as well.  Does your wife have an ongoing physician patient relationship with this doctor and if so, do you want to risk harm to the releationship?  Also, I think you can expect the doctor to say that if your wife did not want these things to be discussed in front of your friend, she should have asked him to leave the room.  However, it sounds like your wife may not have had an opportunity to stop him before the cat was out of the bag. As always, the answers I'm giving here are based solely on the limited information I have so it would be best to have a formal consultation with someone specializing in this area of the law. Chris Hoffman Hoffman, Sheffield, Sauseda & Hoffman, PLLC 303-333-2200 www.hsshlaw.com
Answered on Sep 21st, 2017 at 8:34 AM

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