Can I sue my doctor for HIPAA rights violation?

Question Details:

My medical records were mailed to the court house and read in open court with out my consent. C an I sue the doctor because he broke my HIPAA rights?

Asked 11/10/2009 under Business | 670 View(s) | More Legal Topics

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Business Law Answers

HIPAA rights involve disclosure of medical rights without your consent.  This is true.  However, in many states, disclosure of medical records if relevant to a judicial proceeding do not violate HIPAA.  In Texas, the state's public disclosure laws actually trump the HIPAA rights to privacy.  However, there are very limited applications.  What was disclosed? Was it your social security number or records pertaining to a diagnosis concerning workers compensation, injuries, mental instability in relation to a contract claim?

Were you represented in court? Were you a witness or a party? You may wish to consult with an attorney in Texas if none of the above apply in your specific situation.  Try www.attorneypages.com.

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