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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17080
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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Hi - a friend of mine is a nurse at a local hospital who improperly

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Hi - a friend of mine is a nurse at a local hospital who improperly accessed medical records of a friend of hers. She was disciplined by the hospital, but the friend found out (perhaps notified of the HIPAA violation by the hospital) and has threatened to sue. What would be the probable criminal or civil penalty in this case?

WALLSTREETLAW :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETLAW :

In terms of criminal action that would not be an issue,

WALLSTREETLAW :

in terms of civil penalties, if any the employer may have to pay a fine, however,

WALLSTREETLAW :

HIPAA does not create or allow for an individual to bring a lawsuit against a covered entity. If an individual believes a violation of their right to privacy or private medical information security under HIPAA has occurred, they must file a complaint with the OCR if they wish action be taken. Individuals of course have the right to file a lawsuit based on violation of privacy, etc., but such lawsuits are not a part of HIPAA itself.


 

WALLSTREETLAW :

If the HIPPA violation was intentional and caused damage to the person, the maximum fine could be $25,000

WALLSTREETLAW :

A lawsuit is not possible, only an agency can pursue a fine against the employer.

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback.

Customer:

Hi - I'm pretty sure the violation was intentional, but the information wasn't released to anyone else. It seems that she was (unfortunately) just personally curious - would this still be the basis for a violation of privacy suit?

This could be a privacy suit, however, the legal costs to pursue such a matter, and the fact that her damages are limited, I do not see why the person would do this.

This could be a privacy suit, however, the legal costs to pursue such a matter, and the fact that her damages are limited, I do not see why the person would do this.
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Customer: replied 3 years ago.


Understand - thanks!

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