Can I file suit for release of my medical records I didn't authorize?

I would think it is only a hippa violation at most. Call them and see if you have a case.
What damage did you sustain as a result of them releasing more information than necessary?

I have a fax machine at home and in err I have received medical records of patients, test results in nursing homes etc...I call the facility that faxes them to my number and invite them to come and pick them up or if they prefer I will shred them. My call is just to let them know to be more careful as there is always a possiblty of human error.
I don't believe they need to be sued just to be more careful.

What are the damages? The damages are that the auto insurance company knows medical information about me that is private and should not be in their hands. As well as, they never contacted and said hey we have all the medical records here that you charged us for that we didn't have authorization to have. Privacy violations are big.......how would you like it if others knew private information about you that you believed would be kept safe and unavailable to others unless you gave consent for them to do so?

As I said call Hippa they have a department that handles such matters.

Hello rissa:

I think you have cause to worry, and I think you have a case. I'm not familiar with how much you can be awarded by a hipa violation, but I would absolutely seek the max.

In addition to the well known credit bureaus like Experian and Trans Union, there is another, very quite bureau out there that contains your medical records (at least the ones that aren't private). I wouldn't be a bit surprised to discover that these unauthorized records found their way into that database. Not surprisingly, the name of this bureau is "Medical Information Bureau".

Like lenders check your credit beforehand, THIS is the place where insurers check your health before it sells insurance.

I hope you kick their butt HARD.

excon

So what are your damages? If this goes to suit ALL of your medical records will be requested anyway. Did your prior medical information somehow harm your attempt to settle the accident?

It is also possible that the insurance company would not have settled without the complete records if there is any thought/suspicion that a prior medical condition or treatment was a factor in the accident, such as diabetes, prescription drugs and so forth.

I'd complain and I understand you are upset but I don't see the damages here. I'd take the Release in to the Doctor and ask what was released and why - if there is a problem settling because of the medical records and perhaps they never would have been requested, well, then you've been harmed but I think that will be difficult to prove. Likewise if you get more because there was no contributing medical condition, then you've come out ahead.

This is often a problem when a person deals directly with an insurance company - every penny they don't give you they get to keep and so, no, they weren't going to volunteer that they got records they may or may not have been entitled to.

[quote=excon]Hello rissa:

I think you have cause to worry, and I think you have a case. I'm not familiar with how much you can be awarded by a hipa violation, but I would absolutely seek the max.

In addition to the well known credit bureaus like Experian and Trans Union, there is another, very quite bureau out there that contains your medical records (at least the ones that aren't private). I wouldn't be a bit surprised to discover that these unauthorized records found their way into that database. Not surprisingly, the name of this bureau is "Medical Information Bureau".

Like lenders check your credit beforehand, THIS is the place where insurers check your health before it sells insurance.

I hope you kick their butt HARD.



And it's entirely possible the medical records in question were already on the site - have a prescription filled, bingo, you're on the site!

great answer

As far as I see and relating to other HIPAA cases I have read about the only person you'd get in trouble here is the clerk or whoever at the Dr's office actually sent the fax.I would probably ask to see what they were actually asked to fax by the insurance company. Even though you say you only signed off on medical records relating to the accidentwho knows what the paperwork they were sent asked them to fax and what you actually signed...

I don't think you can file suit because, I don't see ay material damage to you. All you can do is report the indcident as a violation of HIPAA.