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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My name aim sorry iam not good at typing. anyway i feel that

Customer Question

hi my name mary aim sorry iam not good at typing. anyway i feel that my rights under hippa were violated a week ago today and i cant get anyone to listen to me
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: i ent to have a test last week and durring the corse of my test i heard a female walk into the same room. i heard her tell the person to sit down well i was not sure what was going on and after a minutue out of the corner of my i i could see some one sitting in a chair directly across from the table i eas laying having my test
JA: Is there anything else the Lawyer should be aware of?
Customer: ahe appologized and said he did not know she was going to do that. i then asked what about my right to privacy. he basicsly said he understood but that his understannyway if this person just turned his head to the right he could see the computer that had my pics going my name and any other info. afinaly they left the room and i asked my tech why their was another patient in the room while i was having my test.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Legal
Expert:  Roger replied 9 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

What type of test were you having done? Where were you?

Customer: replied 9 months ago.
i was at a x-ray place having a scan of mykidneys one
Customer: replied 9 months ago.
sorry i am not good at typing
Customer: replied 9 months ago.
hello r u there
Expert:  Roger replied 9 months ago.

Sorry - I had a phone all....

Expert:  Roger replied 9 months ago.

An x-ray is certainly a type of protected health information. So, you'd have the basis for a HIPAA claim.

Expert:  Roger replied 9 months ago.

Much would depend on whether your information was in the open or not......meaning whether it was open for a non-medical staff members to see and whether the information/records/x-rays hd your information on it so it could be attributed as being your medical information or not.

Expert:  Roger replied 9 months ago.

If so, you certainly may have a HIPAA complaint, and you can file a complaint online with the US Dept. of Health and Human Services: http://www.hhs.gov/hipaa/filing-a-complaint/what-to-expect/index.html

Expert:  Roger replied 9 months ago.

But, generally, there's no private cause of action under HIPAA for you to seek damages from. Instead, any penalties handed out from HIPAA via the Dept of Health and Human Services would be by way of fines to the medical provider.

Expert:  Roger replied 9 months ago.

However, you could have a civil claim based on a breach of privacy.....and possibly others depending on your particular situation.