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legalgems, Lawyer
Category: Legal
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My ex wife is a nurse practitioner, we recently went threw a

Customer Question

My ex wife is a nurse practitioner, we recently went threw a custody battle for my daughter. She accessed my medical records with hopes of using those medical records against me in the case. I contacted the system administrator to get the names of the people who accessed my records. She had unauthorized access 4 separate times. This is a hipaa violation. Do I have a case?
Submitted: 17 days ago.
Category: Legal
Expert:  legalgems replied 17 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 17 days ago.

Thank you for your patience;

for now, HIPAA violations are to be enforced by public authorities as there is no private cause of action under that Act. One can file a complaint here and that can result in fines of up to $50,000 per violation, and up to 1 year in jail.

The state has also labeled this a petty offense so one can be prosecuted under state law; please see here

One can file a private civil suit based on a tort cause of action. Such examples include negligence, violation of the physician/patient confidential relation giving rise to breach of fiduciary duty, and invasion of privacy (intrusion). Any of these require actual damages, so a change in custody or a denial of custody would help support that. The court can order punitive damages if they find that the person acted with bad faith/ill will.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 14 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

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