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My husband and I are going to be reporting and likely taking

 
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My husband and I are going to be reporting and likely taking legal action against a doctor for an intentional HIPAA violation. We live in NY State now and the doctor practices in GA, which is where my husband saw him. I have two questions. 1. Do we file the HIPAA claim or hire an attorney first? 2. Do we need to find an attorney in NY State or in GA? And how would we find someone specializing in HIPAA? Thank you!

 

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Submitted: 1654 days and 3 hours ago.
Category: Personal Injury Law
Value: $15
Status: CLOSED

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Expert:  Attorney & Mediator replied1654 days and 2 hours ago.

The Office of Civil Rights permits the filing without a lawyer. You can file your complaint with the OCR for further investigation. From there you can proceed with getting a lawyer to represent your interests. The OCR complaint information can be accessed here.

Generally the state where the defendant resides or conducts business is the state where you would have to sue for violations, so a lawyer in GA would be recommended. A lawyer experienced in civil rights, privacy issues and HIPPA are the ones that you should be discussing your case further. There is one lawyer here who has a resume posted online who has experience in HIPPA. Georgia also has a lawyer referral service here to connect you with an appropritate lawyer. Martindale Hubbel is another website that gives you access to GA lawyers. Can research any profiles they have added and acess their websites, but you would have call them and ask specifically whether they have handled privacy, civil rights/HIPPA issues.


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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 100.0 %
Accepts: 149
Answered: 11/6/2008

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Customer replied1653 days and 7 hours ago.

Thank you for your reply. So there are no differences (advantages or disadvantages) between filing with OCR first or speaking with an attorney first. I think we are just not sure how to start the process. Thanks.

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Expert:  Attorney & Mediator replied1653 days and 7 hours ago.

There is no difference. OCR will have to investigate the complaint and you are required to file within 180 days of the incident, so you should not wait. The lawyer would also have to file the complaint on your behalf to have the investigation conducted and then proceed with your representation.

If I have been helpful, please click Accept for my time and research. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

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