Hipaa Public Record
hipaa public record
Do I have any recourse for a blatant HIPAA Violation?
I have a medical condition that requires a certain drug that I would not want to be made public. My private paperwork was given to a complete stranger by the pharmacist at “Costco”.. when I called them, they said they could print me a duplicate. That doesn’t undo the damage. My condition is probably all over the internet by now.
And to make matters worse, I received the other patients paperwork, which indicated that he had severe Schizophrenia. A fact I’m sure he would not want to be made public… I only read it because it was stapled to paperwork the pharmacist handed me. This happened just days ago… Do I have any recourse for my sullied reputation? 20 years ago this wouldn’t have been a big thing, but now it’s a different story.. The Internet, or should I say the Instant-net. I may never get hired and be able to work again in my field if my records are made public.
Both papers contained our names addresses, the doctors name, and prescription information.
Mistakes happen. Not to dismiss the pain you have suffered because of this mistake, but there is reasonable doubt that there was specific intent to harm you or sully your reputation. Secondly, until and unless you suffer actual financial losses as a result of this mistake, you have nothing to claim as damages – potential harm is not calculable nor payable. You can search the internet and see if your information has been posted ‘all over.’ You can then request from the host that the information be removed, and have ‘evidence’ to pursue a case.
Most laywers offer at least a 1 time free consultation. Take advantage of this opportunity to discuss the particulars of your situation with one or more to see what a professional advises. If you have a case they believe they can win, they will represent you in the suit.
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