If a hospital gave my personal information to another couple, can I sue for a HIPPA violation?

It contained had my SSN, address, DOB and daughter’s full name.

Asked on January 31, 2013 under Malpractice Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

HIPPA usually references the disclosure of medical information, but a claim could potentially be made for the disclosure because it was obtained in the course treatment.   You list your question as being out of New York.  New York does hav a privacy statute which specifically prohibits a physician from making the disclosures that you describe.  You could file one petition and allege both violations (under HIPPA and your state's privacy statutes).  If you were not treated in New York, then the state most likely has a comparable privacy statute.  To file the suit, you would want to set up a consultation with a personal injury or consumer law attorney.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Patient names and addresses are protected health information under HIPAA.  In fact the identifying information that you are speaking of is also protected for many reasons and specifically one: identity theft.  What "couple" did they give it to?  Why?  I would contact the hospital immediately - try their patient advocate and even their legal staff - and advise them as to what is going on.  Good luck.


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