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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11289
Experience:  Significant experience in all areas of employment law.
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A doctor walked in my room and reveal mentioned my v status

Customer Question

A doctor walked in my room and reveal mentioned my hiv status in front of my cousin who did not know this. There is specific instructions in my chart for staff to not discuss my status when there is guest in my room. I feel my HIPPA rights have been violated and would like to know what course of action should I take for this indiscretion.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If there were instructions in your chart not to discuss your HIV status in front of third parties, then what you describe may very well constitute a HIPAA violation. You can report this violation to the Dept. of Health & Human Services here. They will initiate an investigation and fine your doctor for the violation.

As for civil remedies you may have, HIPAA does not allow private causes of action for damages. So, you cannot sue for emotional distress or other losses resulting from a violation of your HIPAA rights. Your best bet would be a claim for "invasion of privacy." You would need to retain a local attorney to pursue the case for you. Many handle this type of lawsuit on a contingency fee basis, meaning there is no up front fee, just a percentage of whatever you recover (typically 1/3). See here to find a lawyer in your area who can help.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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