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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31716
Experience:  JD, BBA Over 25 years legal and business experience.
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my sister was in a car accident and and in litigation and recently

Customer Question

my sister was in a car accident and and in litigation and recently had neck surgery Liberty Mutual has recently sent her a notice that the information she provided doesn't match the medical history they obtained from the dr's, but the medical documentation is for myself not my sister, I would not have been aware of this unless my sister didn't send me the PDF. Is this not a violation of my HIPPA rights? I do not know who messed up there are 3 dr's listed (2 of which we both have been to) but the report if from a dr my sister never went to the report is from a dr I have seen. What rights do I have and what do I do about this? I am very upset that my medical records have been in my sister's lawyers hand, the insurance company, and the other person who caused the accident lawyers hands. What can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What do you wish to achieve under these circumstances? Have you suffered any damages because of the unauthorized release of information?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

I am not even sure at this point, accept my medical records have now gone to people and lawyers and insurance companies without my ok, without me being notified .. this can not be undone and I am very upset and not sure what to do about this.

Expert:  Tina replied 1 year ago.

Hello again, Pamela.

This certainly does sound like a HIPAA violation since your confidential medical information was disclosed to others by a medical provider without your authorization.

The HIPAA statute does not provide for a private cause of action though by patients, although there are significant penalties that can be assessed against the medical provider who violated the statute.

Here is a link to file a complaint with the Department of Health and Human Services, who can take action against the medical provider who released the information without your consent:

http://www.hhs.gov/ocr/privacy/hipaa/complaints/

You could potentially file suit against the provider for invasion of privacy as well if you have suffered damages due to the improper release of information. You should retain a local health law attorney for that though, if you wish to pursue that option. The attorney would normally work to limit any damages to you as well by requesting that the copies sent out be returned/destroyed so no further publication can occur.

It is impossible to undo damage that has been done normally, but the attorney can work to limit your injuries, as can the Dept. of H&HS if you file a complaint with that federal agency by requiring that the medical provider who disclosed the information retrieve that which was improperly disclosed. You may even wish to contact the medical provider who can voluntarily take action to limit damages to you as well.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 31716
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 13 other Legal Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you.

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