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Nurse Violated our HIPAA Rights - Can we sue?

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ermis

Junior Member
A registered nurse has openly admitted she has discussed the contents of our records with relatives and her personal friends.

What recourse do we have to see that she is punished legally?

Can we sue her for violating our HIPAA rights? If so, how should we proceed?

Can we file a civil lawsuits via state laws, HIPAA complaint through the OCR and a Board of Nurses Examiners complaint at the same time?

Do we have to furnish our private medical records to the courts and agencies where we file complaints?

Please, help us. We need to stop her malicious activities and regain our privacy.

Thank you very much for your time and consideration.
 
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racer72

Senior Member
See an attorney. Since the HIPPA law took effect in 2002, you can only sue for the violations that happened since then, not before.
 

ermis

Junior Member
Thank you for your post but it was not entirely correct.

U.S. Department of Health and Human Services • Office for Civil Rights ... "Any alleged violation must have occurred on or after April 14, 2003 (on or after April 14, 2004 for small health plans), for OCR to have authority to investigate."

However, my questions were not isolated to just filing a complaint with the OCR. I want to know ALL possible recourses at my disposal - other recourses.

I have researched the HIPAA laws until I am totally exhausted, without conclusive success in understanding my rights and alternatives.

I consulted with two attorneys. The attorneys were less knowledgeable abut the HIPAA laws than myself, could/would not recommend other attorneys and appeared to be uninterested. Perhaps this type of lawsuit is time consuming and not very profitable.
 
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panzertanker

Senior Member
ermis said:
Thank you for your post but it was not entirely correct.

U.S. Department of Health and Human Services • Office for Civil Rights ... "Any alleged violation must have occurred on or after April 14, 2003 (on or after April 14, 2004 for small health plans), for OCR to have authority to investigate."

However, my questions were not isolated to just filing a complaint with the OCR. I want to know ALL possible recourses at my disposal - other recourses that may encompass the violations that occured from early 1996-present day.

I have researched the HIPAA laws until I am totally exhausted, without conclusive success in understanding my rights and alternatives. I posted on this forum because I need help and avenues to end my family suffering.

I consulted with two attorneys (seasoned, savvy, graduates with high honors) in my city (pop. 250,000). The attorneys were less knowledgeable abut the HIPAA laws than myself, could/would not recommend other attorneys and appeared to be uninterested. Perhaps this type of lawsuit is time consuming and not very profitable.
Do you have PROOF that she accessed YOUR medical records after 14, April 2003?
 

rmet4nzkx

Senior Member
Make a complaint to, licensing board, her employer's and any facility she may have requested records from by any mens, let them investigate, then you will have more evidence and better able to provide options.
 

ermis

Junior Member
rmet4nzkx
Senior Member Join Date: Jul 2004
Posts: 10,715

Make a complaint to, licensing board, her employer's and any facility she may have requested records from by any mens, let them investigate, then you will have more evidence and better able to provide options.

============================================


Thank you for your reply. Will they have to share their findings with me, following their investigations, by law?

ermis
 
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ermis

Junior Member
rmet4nzkx said:
Make a complaint to, licensing board, her employer's and any facility she may have requested records from by any mens, let them investigate, then you will have more evidence and better able to provide options.
Thank you for your reply. Will they have to share their findings with me, following their investigations, by law?

ermis
 

ermis

Junior Member
Reply:

Do you have PROOF that she accessed YOUR medical records after 14, April 2003?
__________________

My Reply:

Yes, I have proof.
 
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rmet4nzkx

Senior Member
It all depends.
If you make a complaint to the licensing board, you will be involved in the investicaiton to some extent and may at leasr know that they confirmed a violation at which point you could then file a lawsuit and subpoena the records. You may request copies of your records and view a copy of your file, this should also show who has requested records, if there are computerized records there may also be a paper trail as well.
Complaints made to employer may be less available to you without subpoena, however you may know by what happens.
I know of a situation where registered nurses working for a large coporation's disability department also worked at the HMO most of it's employee's used and used this position to not only access records but alter them as well, she was fired at both for "unrelated" reasons after the complaint was made and her license lapsed. This was before HIPAA.
 

ermis

Junior Member
Thank you for your knowledgeable response. I now see there is light at the end of the tunnel! I will continue my pursuit and keep you posted. You've been very helpful. I will begin with the licensing board and file a complaint.
 
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rmet4nzkx

Senior Member
ermis said:
==========================================

Thank you for your knowledgeable response. I now see there is light at the end of the tunnel! I will continue my pursuit and keep you posted. You've been very helpful. I will begin with the licensing board and file a complaint.
You are welcome.
Since you didn't mention any damages, going the administrative route is likely to result in justice which is what you want and you do have evidence in the form of admissions.
 

legaldefense

Junior Member
No.

HIPAA does not provide for a private cause of action. Only the proper state authorities or the Secretary of Health and Human Services may bring forth a HIPAA enforcement action.
 

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