What can be done if there is a violation of HIPAA and delay in treatment?

HIPAA is an interesting set of laws and regulations. At least in one state, and perhaps others, violations can be prosecuted by those whose personal medical information is mishandled. You will likely need to consult an attorney to prosecute your claim and it might not be necessary to prove damages. That is to say, HIPAA may presume damages by unauthorized disclosure to others. It is not at all "safe to assume" that your patient information cd-rom was provided to another person. If it was not, then you likely do not have a claim but the other patient may have a claim. If it was, then you may have a claim and that other patient may have a claim, too. Apart from the potential HIPAA claim, you may have a claim against someone or some institution for causing a delay in your care if you suffered an adverse health result (personal injury) because of this error. In many cases, it will be difficult to quantify or qualify the type of harm caused by the delay alone. Had you been treated by a physician or health care provider based on the incorrect information, and had you suffered a severe setback or adverse result from that treatment, then the case would be more definitive and more easily proved. You will need to consult an attorney about your potential matter to separate the "weak" facts from the "strong" facts and investigate your potential causes of action. Best Wishes to you and Get Well Soon!