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please help me. i need to know the statute of limitations

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please help me. i...
please help me. i need to know the statute of limitations on a Huge breach of my medical confidentiality. i do not have the money yet..waiting on disability ck. on tues. please call me at XXX-XXX-XXXX--my cell..only phone. almost 2 years ago the community based program which is in Queen's Hospital and therefore ofcourse part of that entire hospital company. i was to have a non-medical voucher sent to "the cab" allowing me $60 a month for errands, pick up meds, etc. THEY SENT MY ENTIRE MEDICAL HISTORY BY FAX TO THE CAB. I HAVE THE FAXES: THE FIRST OUTS ME AS A "42 YR OLD MALE WITH AIDS, HEP C, AND WENT ON TO BASICALLY SAY EVERYTHING ABOUT ME MEDICALLY. I WANT TO SUE NOW I PRAY THE STATUTE OF LIMITATIONS IS NOT UP. THE LETTER THAT WAS FAXED IS DATED NOV. 15TH 2007. SO JUST UNDER 2 YRS. I KNOW THIS WILL NOT PROBABLY EVEN GO TO COURT. IT HAS RUINED MY LIFE AND THE CAB NO LONGER SERVICES ME AT ALL DUE TO FEAR OF AIDS SO WHEN I NEED A CAB I CALL IN WITH A ALIAS NAME SO I CAN GET A CAB
Submitted: 8 years ago.Category: Legal
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Answered in 15 minutes by:
11/1/2009
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am sorry, we are unable to contact you directly (your phone number is XXXXX out). However I would be happy to assist you through here.

What you must do is file a grievance RIGHT away. Go to this link and file a complaint right now, as it will stay any possible statute of limitations which is 2 years. http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

Sincerely,

Dimitry Alexander Kaplun, Esq.
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 8 years ago
thank u so very much. so u think if i act NOW i have a good case? i think it willl probably be settled out of court. what is your opinion on these questions? and by the way i could not click on the link but i wrote it down very carefully. so u think this is a violation of the hippa law(s). and do u think it would be easy for me to get a local attorney that would take this case with no money up front? i know this is just your opinions but i see you are very well accreddited--sp? i will wait for your email response and file a complaint tonight and u say that would "freeze" the 2 yr. statute of limitations because i filed before the 2 yrs was up?
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
It sounds like a good case from your facts, but since I am not your attorney I cannot definitely state it. It definitely does sound like you were injured, and that the injury occurred due to the fact that your confidential medical records went to a third party which has been using that information against you (which is all that HIPAA is trying to prevent and protect). This appears to be a flagrant violation.

HIPAA cases are different than others; by law, the only remedy if you plead violation of HIPAA is by filing the complaint and having the government review it--there is no private cause of action so an attorney will not be needed.

However there may be other charges that you COULD bring via an attorney (negligence, invasion of privacy and public disclosure of private facts, for example) where an attorney can help you. For that reason I do suggest that Monday morning (but after you file your complaint), you start looking for a civil litigation attorney who specializes in both medical malpractice and may have some knowledge of personal injury as well.

Sincerely,

Dimitry Alexander Kaplun, Esq.
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Customer reply replied 8 years ago

thank u so much!!!!!!!!!!!!! it really has depressed me so very much and my family has disowned me. so, i thank u so very much.

 

Aloha and God Bless, John XXXXX XXXXX

Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
John,

G_d bless you also. I hope you can prevail. If you need any other information, do not hesitate to write me here.

Sincerely,

Dimitry Alexander Kaplun, Esq.
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Dimitry K., Esq.
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