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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33102
Experience:  Began practicing law in 1992
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I was in the hospital and overheard a tech talking on the phone

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I was in the hospital and overheard a tech talking on the phone about my case. I made the hospital document the case. They sent the girl home. A supervisor stated that she had contacted her supervisor and that they had contacted the hospital CEO. I also made them report to HIPPA. Do I have a case?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Are you asking if you have a lawsuit?

Customer:

Yes

Dwayne B. :

Unfortunately, HIPAA does not allow for lawsuits by private citizens.

Dwayne B. :

You can file a complaint with the licensing agencies ir you can file a report with your state's Attorney General and they can bring a lawsuit if they choose but the courts have ruled that an individual cannot sue for a breach of HIPAA.

Customer:

How do I sue. This was in regards XXXXX XXXXX health and my privacy was violated. What grounds can I sue on?

Dwayne B. :

You can also file a complaint with the Office of Civil Rights and the Department of Health and Human Services.

Dwayne B. :

There are no grounds on which you can sue for a violation of your medical privacy rights.

Dwayne B. :

I can find you the citations for that if you like, but the courts have consistently dismissed all the lawsuits filed on these grounds.

Dwayne B. :

If the Attorney General decides to sue on your behalf then they can give any damages award to you, but there is no way for an individual to sue for this.

Dwayne B. :

Most people are unaware that HIPAA doesn't allow for lawsuits and we all through it would when it was passed but the courts have been very clear.

Customer:

this girl gave my name, room number what I had taken and said I was nothing but a cry baby. this is more than just a slight violation.

Dwayne B. :

You could sue for intentional infliction of emotional distress. That's not a privacy claim and it is a valid cause of action.

Dwayne B. :

It also fits your facts.

Customer:

Thank you. I would still like the attorney general to do his part. Who in Tucson, AZ would take a case for intentional infliction of emotional distress?

Dwayne B. :

There aren't a lot of attorneys who do those because the damages are so hard to prove but we aren't allowed to give specific referrals. I ran a Google search which has some listed and you can see that search at this link.

Dwayne B. :

You can also go to www.lawyers.com and look for attorneys who do civil litigation or personal injury law.

Dwayne B. :

Are you still there?

Dwayne B. :

The website is showing you are offline so I will exit so I can assist other customers.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. and other Legal Specialists are ready to help you
Customer: replied 3 years ago.

no bonus