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    truthseeker01's Avatar
    truthseeker01 Posts: 2, Reputation: 1
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    #1

    Jan 11, 2010, 09:33 PM
    Phi violation and help in how to take action
    I had a friend we can call S and she works with a healthcare provider. My friend W happens to go to the location in which S works. S decided to tell me information regarding W's visit and violated her phi. S and I no longer speak to one another but I let this violation slip abou two and a half years after the fact. W is very upset and wants to take action but I am worried that this will be hard to prove with thisinformation and if the healthcare provider does not hlod the electronic records for this long. I am hoping to get some information out there to see if anyone has any guidance on this matter. Please any help would be wonderful!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 12, 2010, 09:00 AM

    Hello t:

    S might be in trouble, but you're not. What should S do? Wait till there's a formal complaint if there ever is one. What should W do? I don't know. Is the earth going to end because W knows some medical stuff about S? I don't think so.

    excon
    truthseeker01's Avatar
    truthseeker01 Posts: 2, Reputation: 1
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    #3

    Jan 12, 2010, 09:08 AM
    Quote Originally Posted by excon View Post
    Hello t:

    S might be in trouble, but you're not. What should S do? Wait till there's a formal complaint if there ever is one. What should W do? I dunno. Is the earth going to end because W knows some medical stuff about S? I don't think so.

    excon
    S is the bad one W is the one violated.

    W wants something to be done. She would like to see S fired because other than me, S knows some of W's friends and does not know if everything was only relayed to me. W is considering a lawyer but wants to be sure that it will not be just/a waste of money.

    Any ideas anyone?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jan 12, 2010, 10:11 AM
    Quote Originally Posted by truthseeker01 View Post
    W is considering a lawyer but wants to be sure that it will not be just/a waste of money.
    Hello again, t:

    Just what, specifically, would W be hiring the lawyer to do? Without knowing, I couldn't say whether it would be a waste of money or not.

    Now, I may not be the guy with the answers you're looking for. We got a fine nurse lady here who knows HIPPA, and maybe she'll be better for you... Besides, I don't even know what "phi" is, or how you violate it. I suppose you could be in another country...

    Having said that, if there were NO damages resulting from the breach, I can't see that there would be any awards, even IF S were guilty of the violation...

    excon

    PS> (edited) If she just wants to get her fired, all she need to do is tell S's boss. It doesn't take a lawyer to do that.
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