If I work for a medical clinic and the results of a pregnancy testthatI took was divulged bya co-worker to another employee, can I sue?

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If I work for a medical clinic and the results of a pregnancy testthatI took was divulged bya co-worker to another employee, can I sue?

When I finished with the NP, I turned my chart in to the cashier (per company policy) and the cashier read my chart and told another employee the results. Should I speak with a malpractice attorney? In Memphis, TN.

Asked on September 23, 2011 under Malpractice Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Releasing, sharing, or divulging the information may have been improper, but that still doesn't necessarily mean you have the grounds to bring a lawsuit. That's because the American legal system, in the vast majority of cases, only provides compensation for actual losses, costs, injuries, or damages. That is, someone can act improperly, but unless another person suffered a loss, the other person can't sue. (For example: you are *almost*, but not quite, hit by a drunk driver; the driver is clearly negligent, but you still can't sue them for a near miss.) So in your case, if you suffered some loss or damage due to this disclosure, you may have grounds for a lawsuit; but if the only thing you suffered was some embarrassment, a feeling your privacy was invaded, etc., there really is nothing to sue over.


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