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My hospital without my permission gave Very privatemedical…

Customer Question
My hospital without my...

My hospital without my permission gave Very privatemedical information to my parents without without telling me do I have a legal case. It’s caused me to lose my home

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

My hospital without my permission give it very private medical information to my parents. It’s caused me to lose my home. Do I have a Hippa case?

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 2 months ago.Category: Legal
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Answered in 2 minutes by:
12/15/2017
Lawyer: Loren, Attorney replied 2 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 36,360
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Lawyer: Loren, Attorney replied 2 months ago

How old are you?

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Customer reply replied 2 months ago
I’m 50
Lawyer: Loren, Attorney replied 2 months ago

Thank you for the additional information.

If your healthcare provider disclosed your confidential medical information to your parents, or anyone, without your consent then there has been a violation of the confidentiality requirements of HIPAA and you can make a complaint.

HIPAA, however, does not provide for a private cause of action. Enforcement is done through the Dept of Health and Human Services.

To file a complaint see the following link:

ONLINE HIPPA COMPLAINT

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Lawyer: Loren, Attorney replied 2 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 2 months ago
Seems as though I may have a civil right legal issue because the information contained in my medical file is what caused my mother and father who own the property to evict Me of my home of eight years
Lawyer: Loren, Attorney replied 2 months ago

Not under HIPAA because that is not a civil rights claim.

Which state?

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Customer reply replied 2 months ago
California
Customer reply replied 2 months ago
But it’s a Health information Privacy issue also right
Lawyer: Loren, Attorney replied 2 months ago

Correct, you have a civil breach of privacy claim under CA state law which you can assert against the hospital.

While you can pursue this pro se, it is strongly recommended you retain a commercial litigation attorney to represent you. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

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Lawyer: Loren, Attorney replied 2 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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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).

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