[mariewhitert]

My ex husband is a former employee of a medical center where I had a procedure done. I was assured by all that my privacy would be protected by all staff and doctors. He or a fellow employee accessed my records and told me. I filed a complaint with hospital and am willing to get an atty if need be. I have suffered great emotional distress and embarrassment. How can I resolve this situation? Tx

[ScottGem]

What resolution are you looking for. Clearly a HIPAA violation occurred if your ex was able to find out about the procedure.

But the penalties for such a violation are generallly fines levied against the helath care provider (the medical center).

You need to decide what you want done about it. Do you want an apology. Do you want to sue for invasion of privacy? Do you want then prosecuted for HIPAA violation? What?

[ScottGem]

First, please do not use e-mail or PMs to ask follow-up questions. Just reply to this thread.

If you go to the HIPAA website there is a place to report violations. If you want a personal apology and compensation consult with a personal injury attorney.

[LearningAsIGo]

You filed a complaint, which is good. Follow up with the hospital to inquire what steps they are taking. Like Scott said, you have to decide what you want to happen. If you plan on a lawsuit, you'll need to hire an attorney. If you want to see him fired (which he should be for this violation) no attorney is required - unless the hospital refuses to take action.

This largely depends on proof. If they can prove he looked into your record (if they have electronic charts this is more likely) he will be in serious trouble. If they can't prove it (he used another person's sign in or they are paper charts) you may not get a resolution.

Good luck