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Old 08-25-2017, 06:45 AM   #1
mala mala
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Default Doctor inadvertently disclosed private health data

My local doctor accidentally (I assume) disclosed issues about my medical health when his receptionist sent an email to another person in town, and that email was supposed to go to me. The email attachment had mental health and other records included.

What damages can I claim now for this? How do I go about dealing with this issue? Are there some automatic damages I can obtain or would I have to go to court, and file suit and all of that.
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Old 08-25-2017, 08:14 AM   #2
AFFA
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Default Re: Doctor inadvertently disclosed private health data

I wish to inform you that doctor may be held liable for violation of HIPAA under Federal law. Further you may seek compensation based upon laws of your state for breach of privacy or breach of confidentiality.

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Old 08-25-2017, 09:36 AM   #3
Lexus
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Default Re: Doctor inadvertently disclosed private health data

In this regard you should file a complaint in order to demand damages for the negligence. It is also good to consult a lawyer experienced in similar matters.
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Old 08-25-2017, 12:55 PM   #4
adjusterjack
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Default Re: Doctor inadvertently disclosed private health data

Quote:
Originally Posted by mala mala View Post
My local doctor accidentally (I assume) disclosed issues about my medical health when his receptionist sent an email to another person in town, and that email was supposed to go to me. The email attachment had mental health and other records included.

What damages can I claim now for this?
None. There is no private cause of action available under HIPAA. It's between the doctor and the US government.

Quote:
Originally Posted by mala mala View Post
How do I go about dealing with this issue? Are there some automatic damages I can obtain or would I have to go to court, and file suit and all of that.
You can file a written complaint with the government:

https://www.hhs.gov/hipaa/index.html/
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