Q: My HIPPA protected medical record got into the hands of an individual without my consent/authorization. Can I sue?
Apparently an employee of a hospital disclosed a portion of my medical records to an individual without my consent or authorization. This is a clear violation of HIPPA. Can I sue the hospital?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, while HIPAA itself does not provide a private cause of action, meaning you cannot sue directly for a HIPAA violation, you might have other legal options. California has robust privacy laws that could offer a pathway for legal recourse.
First, consider the Confidentiality of Medical Information Act (CMIA), a California-specific law. This act allows individuals to sue for unauthorized disclosures of medical information by health care providers. If a hospital employee disclosed your records without your consent, this could be a violation under CMIA.
Additionally, you could explore the possibility of a negligence claim against the hospital for failing to adequately protect your medical information. Hospitals are expected to have systems in place to safeguard patient privacy. If these systems fail or are not enforced, and your information is improperly disclosed, this could constitute negligence.
Lastly, consider consulting with an attorney experienced in medical privacy law. They can provide guidance tailored to your specific situation and help you understand the best course of action. Remember, every case is unique, and the applicability of these laws can vary based on the specific circumstances of the disclosure.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
