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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118247
Experience:  20+ Years of Employment Law Experience
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I'm in need of a medical attorney that deals in HIPPA laws,

Customer Question

I'm in need of a medical attorney that deals in HIPPA laws
JA: What state are you in? It matters because laws vary by location.
Customer: G A
JA: Has anything been filed or reported?
Customer: I'm in the hospital with pneumonia. A nurse exposed my status out loud and my family and friend heard it. I have recorded conversations with them apologizing. I spoke a few people and one file a report . But it my choice to tell someone that your HIV positive!!
JA: Anything else you want the lawyer to know before I connect you?
Customer: No we can some it up in the interview
Submitted: 4 months ago.
Category: Employment Law
Customer: replied 4 months ago.
You can text me, I'd like to speak with a live person!!
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the federal law, HIPAA, what you describe IS A VIOLATION of the Act, but there is no private right to sue under HIPAA. The sole agency with jurisdiction to pursue HIPAA violations is the US Department of Health and Human Services and you MUST file a complaint with them regarding the conduct and disclosure of the nurse. See: https://www.hhs.gov/hipaa/filing-a-complaint/
In addition to filing the HIPAA complaint, if US DHHS finds a violation that supports your case, you can file a civil suit in State court for breach of the duty of confidentiality of medical records against the nurse personally and the hospital employer as well. Through that suit you can seek money damages for the emotional distress and damages that the disclosure of the confidential information caused you to suffer. You would need an attorney locally to file suit and can get a local civil litigation or patient's rights attorney at the same site used by other attorneys, http://www.hg.org.
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