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  1. #1
    ermis is offline Junior Member
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    Nurse Violated our HIPAA Rights - Can we sue?

    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.
    Last edited by ermis; 08-26-2005 at 07:15 PM. Reason: rephrase text
  2. #2
    racer72 is offline Senior Member
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    See an attorney. Since the HIPPA law took effect in 2002, you can only sue for the violations that happened since then, not before.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  3. #3
    ermis is offline Junior Member
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    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.
    Last edited by ermis; 08-26-2005 at 07:11 PM. Reason: correct spelling
  4. #4
    panzertanker is offline Senior Member
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    Quote Originally Posted by ermis
    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?
    I have noticed that even intelligent people ask assinine questions every now and again.
    Disclaimer: I know a few lawyers. None of them is named panzertanker.
  5. #5
    rmet4nzkx is offline Senior Member
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    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.
  6. #6
    ermis is offline Junior Member
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    Nurse Violated our HIPAA Rights - Can we sue?

    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
    Last edited by ermis; 08-25-2005 at 11:39 AM. Reason: forgot title bar
  7. #7
    ermis is offline Junior Member
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    Nurse Violated our HIPAA Rights - Can we sue?

    Quote Originally Posted by rmet4nzkx
    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
  8. #8
    ermis is offline Junior Member
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    Nurse Violated our HIPAA Rights - Can we sue?

    Reply:

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

    My Reply:

    Yes, I have proof.
    Last edited by ermis; 08-26-2005 at 07:14 PM.
  9. #9
    rmet4nzkx is offline Senior Member
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    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.
  10. #10
    ermis is offline Junior Member
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    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.
    Last edited by ermis; 08-26-2005 at 07:14 PM.
  11. #11
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by ermis
    ==========================================

    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.
  12. #12
    legaldefense is offline Junior Member
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    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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