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HIPAA Violation Does Not Mean You Can Sue
With all of the privacy concerns swirling about over patient medical records, you would think that disclosures in violation of the Health Insurance Portability and Accountability Act (HIPAA) would mean millions in verdicts for people who have suffered damages. You would be wrong.
In Diering v. Regional West Medical Center, the Nebraska Federal District Court found that HIPAA does not provide a private right of action. The case involved an ER Director who informed a potential employer about the physician’s voluntary drug/alcohol treatment. After the disclosure, the physician was not hired for the job he was seeking which would have provided him with salary, benefits and partnership package in excess of $300,000 per year.
Despite the significant losses the plaintiff suffered, the Court ruled that Congress did not intend to allow people to sue for damages for HIPAA violations.
For more information on HIPAA go here.
So, a hospital leaks information about a patient in a way that is against the law, and yet said patient has no recourse even though it costs him “in excess of $300,00″? That seems almost unbelievable, though not in this nation’s courts.
May 23rd, 2007 | #