Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My ex husband's wife just called up to the Hospital's ER…

Customer Question
My ex husband's wife just...
My ex husband's wife just called up to the Hospital's ER department and questioned them about why my daughter needed to be seen. I know for a fact this is a huge HIPPA Violation and illegal, She is a minor (12yrs). Can I file charges on her?
Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
10/7/2017
Lawyer: Dwayne B., Attorney replied 8 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

You can file a complaint against the hospital but a HIPAA violation isn't a criminal offense.

In addition, you can't file anything against the wife because she isn't a "covered entity" under HIPAA. It only violates HIPAA if the person is a employer, a health care provider, an employee of an insurance company, or an employer.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

You would file your complaint with either the state's Attorney General or the Department of Health and Human Services Civil Rights Division.

To be clear, you could file the complaint against the wife but it would be dismissed since she isn't covered by HIPAA.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

I'm going to put a link here to the Department of Health and Human Services website where you can verify who is covered by HIPAA:

https://www.hhs.gov/hipaa/for-professionals/faq/190/who-must-comply-with-hipaa-privacy-standards/index.html

I am about to sign of for the evening but will be back online tomorrow morning if you have additional questions.

Ask Your Own Legal Question
Customer reply replied 8 months ago
the Medical staff at the Hospital telling her the reasons behind my daughter's visit is not a violation according to you. When I worked their no medical staff could disclose any information about anyone's treatment especially a minor, but you are saying that's not HIPPA Violation?
Lawyer: Dwayne B., Attorney replied 8 months ago

Yes, the medical staff were not allowed to reveal it, as I indicated in the answer I gave at 9:06 where I said "You can file a complaint against the hospital but a HIPAA violation isn't a criminal offense.".

You can't file a claim against the wife, because she isn't a covered entity.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

The hospital definitely shouldn't have revealed the info to her without a HIPAA disclosure form signed by a parent.

Ask Your Own Legal Question
Customer reply replied 8 months ago
I was aware of my ability to file a HIPPA charge, however my questions was strictly about what charges I could file on this other person. Not at all did I think I could file HIPPA Violation charges on her. I only mentioned HIPPA because I am already well aware of that. You mentioning it in regards ***** ***** I don't understand?
Customer reply replied 8 months ago
Is there any action I can take against her? That's where I am going with this. I obviously feel extremely violated for my daughter.
Lawyer: Dwayne B., Attorney replied 8 months ago

I mentioned HIPAA because that is what you appeared to be asking about. Your question was: "My ex husband's wife just called up to the Hospital's ER department and questioned them about why my daughter needed to be seen. I know for a fact this is a huge HIPPA Violation and illegal, She is a minor (12yrs). Can I file charges on her?"

Charges normally indicate a criminal offense, which is why I addressed that as well.

There are no actions that can be taken against her other than filing a Motion to Modify and ask the judge to enter an order preventing her from doing anything similar. HIPAA doesn't allow for a lawsuit against anyone, there are no criminal law that would cover her doing this, and there is no civil cause of action which would apply.

The only ones you could pursue a complaint of any kind against would be the hospital and its employees and I discussed that above. In theory, if the hospital got into trouble for this then they might be able to pursue the wife, but I've never seen it done.

If she misrepresented who she was to the hospital, for example if she told them she was you, then you could file a complaint with the police based on identity fraud but that's the only thing I see that's possible and that would only be a issue if she had represented she was you.

This is just an area of the law that doesn't have a solution.

Ask Your Own Legal Question
Was this answer helpful?
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
Medical - legal question concerning HIPPA. I am a retired
Medical - legal question concerning HIPPA. I am a retired medical Dr.. A member of our sports group of 30 people,NC,, posts via text messages not only her medical conditions but other peoples medical … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am filing a pro se civil right violation case against the
Hello. I am filing a pro se civil right violation case against the DOC in KY and against the halfway house I was confined to, for refusing to provide me with my prescribed HIV meds, resulting in my bo… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,020 satisfied customers
My hippa rights were violated by a plastic surgeon and I
My hippa rights were violated by a plastic surgeon and I have proof. Also I was disfigured and want to know what my legal options are? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
Police or Sheriff's Department violated my personal HIPPA
Police or Sheriff's Department violated my personal HIPPA privacy by coming to my home to give me a message about my transplant surgery and discussed it with my neighbors that was standing outside whe… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Does HIPPA require that I have a warrenty or support
Does HIPPA require that I have a warrenty or support contract on a firewall device. … read more
Robert L
Robert L
Juris Doctor
60 satisfied customers
I have a question regarding the HIPPA laws. If an employer
Good Afternoon, I have a question regarding the HIPPA laws. If an employer requests an employee to do a job other than their normal job and the employee presents a valid doctors excuse stating that th… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,765 satisfied customers
There is no Civil Right attorney to represent me against
there is no Civil Right attorney to represent me against HMO, is there any Attorney y in Alabama licensed in Florida to represent me? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,020 satisfied customers
I had my civil rights violated i live near new orleans.
I had my civil rights violated i live near new orleans … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
I have a HIPPA question. If an employee of mine goes to work
I have a HIPPA question. If an employee of mine goes to work for another company and mentions where a patient of mine lives (say an assisted living), is that a violation? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
Have my civil right been violated by not receiving the
Have my civil right been violated by not receiving the duevprocess. Got a trial quick no ppreliminary trial. Was told i get one by the commissioner … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Is it possible to retain a civil rights attorney on a
Is it possible to retain a civil rights attorney on a contingency to file a claim against a county or is it always a fee based retainer? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
Would it be a hippa violation to ask one family member to
Hi,would it be a hippa violation to ask one family member to have another family member contact our office because we don't have current contact info? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,522 satisfied customers
My friend and myself are victims of HIPPA breach. story
My friend and myself are victims of HIPPA breach. Long story short, I befriended a community chair person that volunteered for a local community health care clinic and she ended up stealing my friend'… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I am looking for an atty to file a civil rights violation
I am looking for an atty to file a civil rights violation case against a hospital. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
My daughter is having to testify before an attorney general
My daughter is having to testify before an attorney general in reference to a company she owned. Is she entitled to a pro bono attorney. Right now she is going in alone and very frightened … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
Can I sue the Attorney General for conspiracy in a
Can I sue the Attorney General for conspiracy in a manslaughter case . And who handles it. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,020 satisfied customers
In 2017 an attorney General finding found that for an
in 2017 an attorney General finding found that for an extended time, 5 years, that a State agency created an incorrect calculation and erroneous child support balance. Im in the military and this erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
I have a question on HIPPA. Can insurance ask for patient
I have a question on HIPPA. Can insurance ask for patient specific notes without patients consent. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,939 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x