What is the name of your state? OHIO
I'm looking for a bit of guidance with regard to what I perceive to be a legal situation. Recently my HIPPA rights as a patient were violated when a hospital called my parents house and left a detailed message with my father to pass on to me, relating to an upcoming diagnostic testing appointment I had at the hospital. Although I am living with my parents until I finish my current program of study, I did not give anyone permission to relay my private medical information to anyone ever - not even a family member I reside with. The lady who called actually told my father outright that I have a CAT Scan scheduled, and the date, time and that I needed to call back b/c she couldn't find my insurance ID number.
I take my rights to privacy as a patient very seriously, and had not informed (nor did I plan to) my family of a potential serious health-related ailment I am having. I feel it is not necessary for me to disclose my business to anyone (even family) until there is a real reason for concern. This news of my CAT Scan both shocked and upset my mom and dad, and now my mother is blaming herself for her history of smoking on my perceived health problems and is truly devastated, and I don't even know the results of my recent tests yet. BUT, this all could have been avoided if my rights were not violated.
As far as I understand to this point, private lawsuits are not prohibited by HIPPA in the U.S. While I have heard that attorneys cannot just cite HIPPA, they CAN use the HIPPA regulations to argue that a duty of confidentiality exists between the patient and the health care provider (i.e. doctor, RN, Medical Records Manager, etc.) and that that confidentiality was in fact violated.
Although I have never been the litigious sort nor have ever taken part in any law suit, can you tell me what my chances are of filing a successful lawsuit against the hospital for unlawful disclosure of my medical information? As I said, I and my family are very upset by this, and it was 100% avoidable if the hospital staff followed HIPPA properly.