Dallas, TX asked in Elder Law, Family Law and Health Care Law for Texas

Q: What type of attorney would you need for hippa violation, elderly, disabled abuse, illegal search in hospital setting

Search of personal property, search of home, seclusion, emotional and mental abuse of disabled elderly, falsification of records in a hospital setting?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: There is no single answer to your question.

HIPAA violations are investigated by the HHS Office of Civil Rights. Because there is no private cause of action for individual patients, any lawyers involved would be government employed health law attorneys.

Elderly disabled abuse is investigated by Adult Protective Services. Any lawyers involved would by government employed elder law attorneys.

Illegal searches are usually addressed by the criminal defense lawyer representing the individual charged with a crime. Sometimes, civil rights lawyers like F. Lee Merritt file civil rights lawsuits against law enforcement officers and their employers for illegal searches.

Falsification of medical records is investigated by the appropriate state licensing board (eg Texas Medical Board, Texas Board of Nursing, etc) for the particular profession of the health care practitioner who falsified the record. If the falsification contributed to an act or omission of medical malpractice (eg caused an unnecessary operation on the wrong patient), a medical malpractice attorney may have to address it in the malpractice case.

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