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    cmccrary's Avatar
    cmccrary Posts: 3, Reputation: 1
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    #1

    Aug 21, 2010, 01:06 PM
    Can I sue my employer or coworker for violating health privacy (HIPPA)?
    I found myself in the hospital needing surgery. When I returned to work I found out that the general manager of the facility had violated my right to privacy regading some particular information about the situation to some coworkers as well as an ex-employee.
    Just trying to discoveer what kind of ground I have to file a complaint and/or bring suit against him and/or the employer.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 21, 2010, 01:12 PM

    Do you work in a health care facility where they accessed your records and gave them out ?

    Next how did the manager find out about your illness ?
    Next what type of info did he give out and to who ?
    cmccrary's Avatar
    cmccrary Posts: 3, Reputation: 1
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    #3

    Aug 21, 2010, 01:19 PM

    I work for a private owned company, a manufacturing facility. I phoned the general manager to let him know that I was in the emergency room probably needing surgery. My cell phone died in the middle of the conversation
    cmccrary's Avatar
    cmccrary Posts: 3, Reputation: 1
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    #4

    Aug 21, 2010, 01:21 PM

    He pretty much broadcasted it plus he called an ex-employee telling him I had called from an a local emergency room, stating my exact loaction.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Aug 21, 2010, 03:05 PM
    Quote Originally Posted by cmccrary View Post
    i work for a private owned company, a manufacturing facility. ...
    Not covered by HPPA.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 21, 2010, 03:18 PM

    You have no grounds to sue anyone. HIPAA comes into play ONLY when someone providing medical care for you or working for/with such a person, reveals info about your diagnosis and treatment to a 3rd party. Since you volunteered this info to your supervisor HIPAA is not involved.

    What your supervisor did was a breach of privacy and ethics. But it is not actionable. He may have let people know so they could send you get well cards. But even if it was done maliciously, he was under no legal obligation to keep the info confidential.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Aug 22, 2010, 12:16 PM
    Quote Originally Posted by ScottGem View Post
    ... What your supervisor did was a breach of privacy and ethics. But it is not actionable. He may have let people know so they could send you get well cards. But even if it was done maliciously, he was under no legal obligation to keep the info confidential.
    In addition to all of this, you don't appear to have suffered any damages. You look to be seeking a windfall because of your misperception that somebody did something wrong.

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