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sometwo

Senior Member
What is the name of your state (only U.S. law)? Mo

Many of you know the story and my recent post. Lawsuits are getting ready to be filed against those who were neglegient and those who did wrong. Some agaisnt agencies , some against persons.

I am calling lawyers and stuff today to try to set up appointments . There are many lawsuits that deal with HIPPA then guardianship then just other stuff. Should I be looking for a lawyer that deals with all sorts of things maily family and medical?

Is there a place on the internet I should be reading about things and how they work. I know alot of information and bits and peices but with so much toghether I want to make sure Im doing all I should be.

A HIPPA complaint has already been filed and being investigated. We're waiting the outcome of that, against an organization and a complaint against a Dr for doing a procedure that he was not authorized to do , but claim since they didn't bill for it they were allowed. Im checking on the status of that also today.

Is there something else I should be doing or looking for ?
 


ecmst12

Senior Member
In almost all cases, you can't sue for a HIPAA violation. There simply is not a provision in the law allowing for monetary compensation for violations. There is a provision for FINES to be assessed to the provider, but that doesn't go to the victim, and it's solely at the discretion of the HIPAA board, and it's rarely if ever utilized. So don't even worry about that part. Just get a good family law attorney.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Mo

Many of you know the story and my recent post. Lawsuits are getting ready to be filed against those who were neglegient and those who did wrong. Some agaisnt agencies , some against persons.

I am calling lawyers and stuff today to try to set up appointments . There are many lawsuits that deal with HIPPA then guardianship then just other stuff. Should I be looking for a lawyer that deals with all sorts of things maily family and medical?

Is there a place on the internet I should be reading about things and how they work. I know alot of information and bits and peices but with so much toghether I want to make sure Im doing all I should be.

A HIPPA complaint has already been filed and being investigated. We're waiting the outcome of that, against an organization and a complaint against a Dr for doing a procedure that he was not authorized to do , but claim since they didn't bill for it they were allowed. Im checking on the status of that also today.

Is there something else I should be doing or looking for ?
Some of the agencies might have immunity from suit depending on the actual facts. You really need to figure out what agencies and such you are thinking of suing and then determine if it is even possible.
 

sometwo

Senior Member
Some of the agencies might have immunity from suit depending on the actual facts. You really need to figure out what agencies and such you are thinking of suing and then determine if it is even possible
Well I know one particular agency is already being investigated because of the HIPAA complaint I've filed. It is an open investigation. They have responded to it and I have responded back. I will definately check into the other though. Thank you.
 

sometwo

Senior Member
Would this not help in a HIPAA violation lawsuit?

http://www.hipaasolutions.org/documents/ComplyPAKUp-Date-CaseLawAnalysis0607.pdf

The violation in our case ultimately led to not being able to protect child. This is the only one Im not sure about the lawsuit against. The other's Im sure can have a lawsuit against.

I also read on another site that this entity is "hybrid covered" so all may not fall under it , however the Office of Civil Rights has an open investigation on the complaint.
 

wileybunch

Senior Member
Lawsuits are getting ready to be filed against those who were neglegient and those who did wrong. Some agaisnt agencies , some against persons.
I realize I'm a stickler for things stated as fact that aren't because I deal with that a lot in my line of work, but you say "lawsuits are getting ready to be filed" and in the next breath say you have feelers out to attorneys. You do realize that just because YOU want to file a lawsuit that that doesn't mean it will happen for any one of a number of reasons -- immunity, no standing, cost to YOU to retain an attorney and get it to filing, etc.
 

ecmst12

Senior Member
It seems like HIPAA was only part of what the lawsuit is being based on, and it's being heard in state court based on state laws which may be similar to HIPAA.

I think you'd need to show a clear financial component to the harm, as well. You DEFINITELY need to talk to a professional. Heck, maybe someone at the same firm that is working that lawsuit (which apparently hasn't been heard yet), it is in your state. Are you in Jackson County?
 

sometwo

Senior Member
Are you in Jackson County?
No

lawsuits are getting ready to be filed" and in the next breath say you have feelers out to attorneys
I meant we are looking for attorney's to file lawsuits. That's what I meant. Sorry I wasn't clear. Im just a little upset right now. There's alot going on righ tnow on the internet about our family. They are posting a bunch of lies and it has me rawled up.
 

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