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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32738
Experience:  Began practicing law in 1992
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VA violated hipper law protection rights when Regional Office

Customer Question

VA violated hipper law protection rights when Regional Office went into my medical records without the standard medical release form me , form VA Form 21-4142 and use information on a decisions Rating using a conversation, that was confidential between a Assault Victim and my PRIMARY care. In doing so this set off a a major Trigger that brought out my MST(MILITARY SEXUAL ASSUALT). I want to know if I have grounds to file a claim in Federal Court. I finally got them to admit to the "CUE" I. Setting. A CUE is a CLEAR UNMISTAKABLE ERROR.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year 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. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. You can't file a lawsuit based on a violation of your HIPAA rights, the courts have determined that HIPAA doesn't allow for a private lawsuit. You can contact either the Department of Health and Human Services or your state's Attorney General and file a complaint and they can file a lawsuit based on the violation. That's not to say there isn't another type of lawsuit available. Your facts raise some civil rights issues such as due process and an improper and unlawful "taking" of your private information but you would have to sit down with an attorney who does civil rights work and have them do a complete and in depth interview over the facts and circumstances. Civil rights law is almost entirely fact dependent and it's impossible to do the type of interview on here which is nececessary to evaluate a case like that.