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  1. #1
    ABA18 is offline Junior Member
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    Can I sue for HIPPA violation?

    What is the name of your state?What is the name of your state?
    I am in Michigan
    My son takes medication for ADHD and depression. One of his teachers did not like the way he was behaving in class and proceeded to tell the class that my son needed to take his medication because he could not behave with out it. since then my son has been teased and ridiculed constantly.
    Can the teacher/school be sued for HIPPA violation or some thing
  2. #2
    panzertanker is offline Senior Member
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    Quote Originally Posted by ABA18
    What is the name of your state?What is the name of your state?
    I am in Michigan
    My son takes medication for ADHD and depression. One of his teachers did not like the way he was behaving in class and proceeded to tell the class that my son needed to take his medication because he could not behave with out it. since then my son has been teased and ridiculed constantly.
    Can the teacher/school be sued for HIPPA violation or some thing
    Nope.

    Talk to the principal about having the teacher reprimanded. But no HIPAA violation. Doesn't fall under the guidelines.
    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.
  3. #3
    ABA18 is offline Junior Member
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    ?

    I have an article about a man in Minnesota who was awarded $100,000 by the court for a similar incedent
  4. #4
    stealth2 is offline Senior Member
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    Then take it to a lawyer and sue the school.
  5. #5
    cbg
    cbg is offline Senior Member
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    I don't know the circumstances in the article you read but neither teachers nor schools are subject to HIPAA.
  6. #6
    panzertanker is offline Senior Member
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    Quote Originally Posted by ABA18
    I have an article about a man in Minnesota who was awarded $100,000 by the court for a similar incedent
    Then why ask the question here?
    If you already have a course of action in mind and have researched enough to have looked for articles regarding the same type incident....

    As cbg states, HIPAA doesn't cover the school or teacher. Re-read the article. They were not awarded damages under HIPAA laws.
    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.
  7. #7
    notsmartmark is offline Member
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    Ferpa

    I believe that medical info when received by schools is covered by FERPA, not HIPPA. I think, at best, you have an OCR complaint, which will provide you relief, just not monetary. You also need to talk to the school because the teacherís intent might not have been to harm, but instead, the teacher might have been trying to explain to the class the reasonís for your childís behavior. It is easy to assume intended harm. This might not have been the teacherís intent. I also have concerns about the message you are sending to you child; that our courts are a way to look for income because someone said something.

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