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    Re: HIPPA rights

    Posted by Jenn on 2/27/08

    There really isn't much there.

    HIPAA disclosure violations usually result in little more than
    reprimand and a (small) fine to the institution at fault.

    Some courts have even challenged the notion that HIPAA even
    allows for private action -- meaning that many courts feel that
    HIPAA violations don't allow for individual lawsuits for damages.

    In addition, even if you found a lawyer willing to take it on,
    you'd have to be able to demonstrate that damage was done. You
    have a pre-existing issue with depression, made a stressful
    decision that is contrary to your stated religious beliefs, and
    it would be very difficult to discern what "percentage" of your
    depression is related to your life situation vs. how much is
    related to the improper disclosure. While you would say it's
    all about the disclosure, that's completely subjective and not
    much of a measure to go by in court.

    In other words, there's not much for you to do other than take
    the apology and get yourself some counseling if you're
    depressed. If you don't agree, consult with an attorney...but
    you aren't likely to get very far given the limitations built
    into HIPAA.

    Posts on this thread, including this one
  • HIPPA rights, 2/21/08, by Jane.
  • Re: HIPPA rights, 2/26/08, by Jenn.
  • Re: HIPPA rights, 2/26/08, by jane.
  • Re: HIPPA rights, 2/27/08, by Jenn.
  • Re: HIPPA rights, 3/11/08, by Terry.


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