How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10030
Experience:  Just Answer consultant at Self employed
Type Your Legal Question Here...
legalgems is online now
A new question is answered every 9 seconds

My ex wife is a nurse practitioner, we recently went threw a

Customer Question

My ex wife is a nurse practitioner, we recently went threw a custody battle for my daughter. She accessed my medical records with hopes of using those medical records against me in the case. I contacted the system administrator to get the names of the people who accessed my records. She had unauthorized access 4 separate times. This is a hipaa violation. Do I have a case?
Submitted: 10 months ago.
Category: Legal
Expert:  legalgems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 10 months ago.

Thank you for your patience;

for now, HIPAA violations are to be enforced by public authorities as there is no private cause of action under that Act. One can file a complaint here and that can result in fines of up to $50,000 per violation, and up to 1 year in jail.

The state has also labeled this a petty offense so one can be prosecuted under state law; please see here

One can file a private civil suit based on a tort cause of action. Such examples include negligence, violation of the physician/patient confidential relation giving rise to breach of fiduciary duty, and invasion of privacy (intrusion). Any of these require actual damages, so a change in custody or a denial of custody would help support that. The court can order punitive damages if they find that the person acted with bad faith/ill will.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 10 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

Related Legal Questions