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2 Answers

My confidential medical information was shared publicly, violating my privacy. What are my rights?

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Consumer Rights

I was a patient in a medical facility. One of the medical provider staff shared confidential medical and health information from my medical records with a friend, who shared them on a social networking site. I feel violated. The information was embarrasing. What are my legal rights and legal options?

2 Answers



  1. on Dec 14, 2011

    There are a number of concerns here including the potential violations of federal HIPAA laws, your right to privacy, the Minnesota Health Records Act (Minnesota Statutes sections 144.291 to 144.298), and other medical records privacy laws.

    An attorney would need to analyze the facts of your situation to determine if you have a claim under any of these laws.

    There are two types of claims potentially available to you: (1) claims that you would file with a government agency and (2) claims in a lawsuit for financial damages. Until an attorney analyzes all the facts with you, it is difficult to determine your legal rights and options.

    There are many details to go over. For example, the government agency claim must be filed within 180 days of when you knew that the act or omission complained of occurred, and if you don’t, you must have good cause for delaying.

    Determining whether someone has a HIPAA violation case and/or violation of privacy case is fairly complex and time-consuming.

    You are welcome to read more about filing a government agency claim here: http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

    You will find a similar case for invasion of privacy and damages here: http://www.wileyrein.com/publications.cfm?sp=articles&newsletter=4&id=5423

    LEGAL NOTICE. Under state law, we are required to tell you that there are statutes of limitation and legal deadlines for your situation. Failure to act within these times can result in a waiver of your rights. We have made no representations to you regarding these deadlines. Accordingly, you should seek legal advice as soon as possible should you wish to pursue this matter further.

    DISCLAIMER: This information may be inaccurate or out of date. You absolutely should consult with your own attorney before acting on any information here. By using this site, you are agreeing to our Terms of Use.

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  2. on Dec 19, 2011

    Unfortunately your issue is becoming very common. Your case needs to be reviewed, but most state laws don’t offer you recourse unless you had some financial loss. Nor is it a crime in most states just to look or obtain your medical records. If someone profited from them you will have cause.

    There is a case in the Supreme Court today that set a precedent to allow recovery even if you don’t have financial loss. After all peace of mind is more valuable than any amount of money.

    You have to be persistent to get answers. If you want more information or need a hand go to http://www.advocateprivacy.com and send us a note. We are a non profit dedicated to helping people just like. Either way, I know how it is to be in your shoes and my heart goes out to you.

    DISCLAIMER: This information may be inaccurate or out of date. You absolutely should consult with your own attorney before acting on any information here. By using this site, you are agreeing to our Terms of Use.

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