Can I sue a hospital if a nurse disclosed my HIV status to another nurse while relatives and friends were visiting me for another illness?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue a hospital if a nurse disclosed my HIV status to another nurse while relatives and friends were visiting me for another illness?

HIPPA violation

Asked on August 31, 2010 under Malpractice Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

Disclosure of a patients health information is a very delicate topic and a hot topic when a patients rights are violated.  Certainly the nurse erred in disclosing your health status while there were other in the room.  If she had said same to just the other nurse for medical reasons such as continued treatment (shift changes, etc).  Violations of HIPAA laws can result in very large fines for medical professionals.  As for your ability to collect from a lawsuit, it would depend on the resulting damages to you.  How that is couched is best decided by an attorney through consultation who can hear the facts surrounding the disclosure and determine how it effects your life to the point of being able to put a price on it, so to speak.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption