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What is the law concerning a Doctor telling someones family

Resolved Question:

What is the law concerning a Doctor telling someone's family members he is hiv +?
Submitted: 4 years ago.
Category: Legal
Expert:  LADYLAWYER replied 4 years ago.

Hello,

Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

 

Did the HIV+ person sign any sort of form that would allow the doctor to release this information?

Customer: replied 4 years ago.
No- Nothing signed. Also, just for info, I live in CA, which is where this occurred. My sister didn't need to make any decisions about my treatment. There was no reason to tell her for any immediate reason. That said, I want to confirm that I have never signed anything even to have my sister make any of those types of decisions.
Expert:  LADYLAWYER replied 4 years ago.

Hello,

 

Thanks for the additional information. This is a blatant HIPAA law violation and it has serious consequences. The original HIPAA privacy regulations made it pretty clear that HIPAA did not intend to establish a private cause of action for a HIPAA violation; in other words, you cannot sue this doctor for violating your privacy rights under HIPAA. However, you would be able to sue under a common law or statutory right to privacy, breach of confidentiality, or similar legal theory, and can allege that HIPAA is the benchmark for determining whether your rights were violated. This does not mean that the doctor cannot also be punished or even lose his license for the HIPAA violation. It simply means that the only enforcement for a HIPAA violation can come from the US government, particularly the Department of Justice (which we have recently seen will go after non-covered entities as well as covered entities).

If you go to the following link it will explain how to file a HIPPA violation complaint
http://www.hhs.gov/ocr/privacyhowtofile.pdf You can also use www.martindale.com to find a civil rights attorney in your area to help you sue the doctor. God Bless you and I hope you stay strong and healthy. I also am immuno-compromised so I do happen to know what you're going through.

 

Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much!



Edited by LADYLAWYER on 8/1/2010 at 3:05 AM EST
LADYLAWYER, Lawyer
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