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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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 11 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.


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 lock Secured with SHA-256 Encryption