Medical Records accessed without permission

[Anna3217]

I received a letter from Duke University Health Care that an employees has accessed my health records with no need to. Can I file a lawsuit against them? I am in North Carolina.

 

[Zigner]

What are your damages?

 

[Anna3217]

What are your damages?

I do not know. Embarrassment of some of the records. The person sharing this information with others. I most likely know who did it. Do you know if the hospital has to tell me who it is?

 

[cbg]

https://www.hhs.gov/hipaa/filing-a-complaint/index.html

 

[Zigner]

Absent some sort of legal action on your part, it is unlikely that you can force them to identify the person.

 

[Zigner]

https://www.hhs.gov/hipaa/filing-a-complaint/index.html

Just so the OP understands (because I know you do): The person making the report doesn't stand to gain financially due to making the report.

 

[cbg]

Nor do I think this is going to be a high priority for HHS. But, if the OP wishes to make a complaint, that's the road to go.

 

[quincy]

I do not know. Embarrassment of some of the records. The person sharing this information with others. I most likely know who did it. Do you know if the hospital has to tell me who it is?

IF your private health information is shared with others and you suffer demonstrable harm as a result of the unauthorized disclosure, then you could have a civil action to pursue against the person (e.g., invasion of privacy).

In order to pursue a claim against an identified person, you probably would need to subpoena the hospital.

 

[LdiJ]

IF your private health information is shared with others and you suffer demonstrable harm as a result of the unauthorized disclosure, then you could have a civil action to pursue against the person (e.g., invasion of privacy).

In order to pursue a claim against an identified person, you probably would need to subpoena the hospital.

Not just against the person, but also against the hospital. As you said though, it still needs demonstrable harm.

 

[quincy]

Not just against the person, but also against the hospital. As you said though, it still needs demonstrable harm.

It would be harder to support a suit against the hospital.

 

[LdiJ]

It would be harder to support a suit against the hospital.

Maybe, but if it was one of their employees who did it then the hospital would have greater potential liability.

 

[quincy]

There are a lot of “ifs” between a lawsuit against anyone.

 

[Anna3217]

I have been calling lawyers to see if there is anything we can do, but none of them handle this type of case. Not sure how to find one that does.

 

[Zigner]

I have been calling lawyers to see if there is anything we can do, but none of them handle this type of case. Not sure how to find one that does.

This is a serious question. What do you hope to accomplish through a lawsuit?

 

[Just Blue]

I have been calling lawyers to see if there is anything we can do, but none of them handle this type of case. Not sure how to find one that does.

Why would the person you suspect having done this, have done it?