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!
Nothing yet. Just getting started with the process.
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.
Experience in the subject matter.
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.
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.
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