Can I sue both the offender as well as the insurance company for a HIPAA violation?

UPDATED: Oct 2, 2022

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Can I sue both the offender as well as the insurance company for a HIPAA violation?

My husband and I have a health insurance policy for our family. His ex-wife contacted our insurer and fraudulently accessed our account by presenting herself as me by confirming basic information – my name and zip code. she also changed our contact information from my husband’s cell and our home address

to her personal cell phone number and her home address. She isn’t listed on the account in any way and has zero authorization to access anything of ours, let alone change it. She is HIPAA certified as well which I feel adds concern. We just found out yesterday. What are my options here?

Asked on July 23, 2019 under Malpractice Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Based on what you write, the insurer did nothing wrong--they were tricked. Since they were themselves the victim of fraud and did not do anything wrong, you cannot sue them. You can sue the ex-wife, however, for any losses or costs this caused you.

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