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    MrsDeming's Avatar
    MrsDeming Posts: 1, Reputation: 1
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    #1

    Jun 18, 2012, 04:15 AM
    my hippa rights were violated, what do i do
    I had to go the cause I was not in my best health, after my treatment they sent me home... no problems until... my cousin calls the hospital to see what they did and instead of telling her that they couldn't tell her anything because it was personal medical information (no he didn't ask her for a code). They told her everything even down to how many x rays they took and what meds they gave me. I know my rights were violated but what do I do now?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 18, 2012, 05:09 AM
    Report them here.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Jun 18, 2012, 05:14 AM
    Without knowing what you signed at the hospital about disclosure, and who you put as contact person, or what role your cousin plays in anything to do with your care, there's no easy answer here. HIPAA (not HIPPA) gets thousands of cases a year, takes probably about a year to rule on them, and word has it that they have approved only one or two. HIPAA actually covers a much smaller range of issues than people think, mostly electronic disclosure between medical providers. You would have better results starting with a complaint to the hospital records administrator directly. Given that it happened over the phone, the burden of proof is on you, and it's going to be tough to prove if you decide to sue. Sorry. I hope you have expressed your feelings to the cousin.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 18, 2012, 06:26 AM
    Did it hurt or harm you that your cousin was told ? Does your cousin care for you or take care of any of your medical needs ? Was the cousin listed on any hospital papers.

    But you report it, and they will investigate it and it if happened then they will normally issue a warning to the hospital and may investigate their rules.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jun 18, 2012, 08:02 AM
    Quote Originally Posted by joypulv View Post
    ... it's going to be tough to prove if you decide to sue. ...
    Violation of HIPAA normally isn't, by-the-way, a cause of action for a lawsuit. So it's not a matter of "Gotcha: you violated HIPAA, so now give me a bunch of money." The health care provider may be disciplined, but that doesn't entitle you to a windfall.

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