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Need attorney for HIPAA violation/medical records and discrimination lawsuit.

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NeedAttorney201

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

Attorney wanted to sue a doctor for releasing records without authorization. His actions resulted in damages - Because of his actions, I was denied authorization for necessary medical treatment.

Also, there is discrimination - I was treated poorly by the doctor because he had prejudicial views. How do I get an attorney on a contingency basis for this
 


Taxing Matters

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

Attorney wanted to sue a doctor for releasing records without authorization. His actions resulted in damages - Because of his actions, I was denied authorization for necessary medical treatment.
You cannot sue for money damages for a HIPAA violation as the HIPAA statute does not provide for a private right of action. Enforcement of HIPAA is by the U.S. Department of Health and Human Services (HHS). You may sue for money damages if you can prove either negligence or violation of state law, however.

Also, there is discrimination - I was treated poorly by the doctor because he had prejudicial views.
What kind of prejudice was involved? Note that under federal law you cannot sue for money damages for discrimination by a business, including by a doctor. You may only sue for an injunction to prevent further discrimination. Florida law does, however, allow money damages for discrimination based on race, color, national origin, sex, pregnancy, handicap, familial status, or religion. If the prejudice was based on something else then you'll be out of luck on a discrimination claim.

How do I get an attorney on a contingency basis for this
Call some civil litigation attorneys and talk to them about what happened and see how strong a case you have and whether the attorney will represent you on a contingent fee basis.
 

cbg

I'm a Northern Girl
Just in case Tax's post didn't make it clear - this is not a referral service and reputable attorneys do not troll message boards looking for clients. You cannot find representation on a message board.
 

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