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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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When my daughter was discharged from the hospital, she was

Customer Question

When my daughter was discharged from the hospital , she was given another patients information and the other patients recieved my daughters information. This information was supposed be confidential. When my daughter contacted the hospital , the person admitted a great mistake had been made. Does my have a case against the hospital???
Thank you Diana Bell
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

There's not a civil lawsuit if that's what you mean.

There's no question it would have been a HIPAA violation for some to have received her records but HIPAA doesn't allow for a civil lawsuit by a private individual.

She can file a complaint with the state licensing agency, with the state Attorney General, or with the Department of Health and Human Services. They can file a lawsuit but that really doesn't benefit her in any way although it can punish the hospital by way of a fine or some other type of sanction.

Expert:  Dwayne B. replied 2 years ago.

There is some thought that there may be a way to pursue a lawsuit under a state statute but you must be able to prove some kind of actual damages due to the release of the medical records and there haven't been any cases that have done that yet.

Expert:  Dwayne B. replied 2 years ago.

In addition, it's extremely unlikely you would be able to find a lawyer that would take this kind of a case without being paid in advance, first because there have been no cases that have successfully sued yet and second because it would be so hard to prove damages.