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How to file my own law suit against a hospital?
I was in a local hospital last Dec 2012. Someone disclosed a copy of my medical records to a person who had no right or my permission to receive these records. This person also shared my medical records with other people causing a great deal of stress and anxiety for me. I am currently in the process of filing a complaint for this matter to be investigated. What are the enforcement laws for this type of violation to my rights of privacy? Could I file my own law suit against the hospital?
4 Answers
- LibraryannaLv 78 years agoFavorite Answer
You can file a suit, but not likely you will succeed. You will have to show that you have actual damages. In other words, not just that you were anxious, but you were so anxious that you had to seek treatment, lost work time, lost business. And you have to show that the release of records was the cause of your anxiety, not the information itself. You also have to prove that the person who disclosed the information was, in fact, the hospital or it's employees, not someone you told about it.
You can file a HIPAA complaint, but you won't get any money out of it. See the link below.
You can file a suit on your own, but it is very complex and very few people without a legal background could handle it. In fact, it's so specialized, very few people with a legal background could handle it. Nor would they, since there is no money in it.
Source(s): http://www.hhs.gov/ocr/privacy/hipaa/complaints/ Retired lawyer - Lone CatLv 78 years ago
You would need a lawyer.
Asking "How do I file a law suit?" is like asking "How do I build a house?"
- MrbillLv 78 years ago
seems like violation of HIPPA laws. If so you need a lawyer. No person does well to represent them selves. Lawyers will take your case for a percentage.
- BellaLv 78 years ago
It would depend on the circumstances and who the other person is. If it's a family member, you probably don't have a case.