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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32724
Experience:  Began practicing Family Law in 1992
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My Hippa has been violated when I recently was at the Glens

Customer Question

My Hippa has been violated when I recently was at the Glens Falls Hosp. My Ex husbands future wife works at the Er as a nurse. She went home and discussed to him I was there and why. He then went and filed for custody of our 17 year old daughter and to stop child support. She Janet ) did this for a personal gain. What can I do, i did file a complaint with the Hosp. They told me that they are conrtacting thier law firm with the evidence I gave them.
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 4 months ago.

The only other thing you can do is file complaints with the state licensing agency or the federal Department of Health and Human Services (lt me know if you need links to those).

The courts have said that HIPAA violations do not provide a cause of action for a civil lawsuit and so you can't sue her for the HIPAA violation. The only lawsuits that can be brought are by the federal government or the state Attorney General.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 4 months ago.
Expert:  JD 1992 replied 4 months ago.

Here is the link to filing a HIPAA complaint with the federal government:

Here is the link to filing a complaint with the State of NY about the hospital employee's HIPAA violation:

Customer: replied 4 months ago.
Could you send me a link to the state agencies and federal dept. So I can file a complaint there. Why cant i sue the hosp for her damages ?
Expert:  JD 1992 replied 4 months ago.

I just sent them, they should be showing above now.

As to why you can't sue it is because the courts have said that HIPAA doesn't allow for a private lawsuit based on a violation.

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