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Suing Over a HIPAA Violation - Will it Make Things Worse

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  • 05-20-2010, 09:07 AM
    Legal_Inquiry
    Suing Over a HIPAA Violation - Will it Make Things Worse
    If someone has a HIPAA violation (e.g., a small town psychologist shares a patient's information, or a psychiatrist has one too many drinks at a bar and violates someone's privacy), why would he sue?

    Won't everything in the legal matter become public? Anyone could just view the pleadings? With Justia, it would be easy to search for someone's case and view the entire pleadings word-by-word from anywhere in the world. So to garner sympathy from the jury, all the private data and all of its consequences would need to come out. But this just ruins the victim's life further. In trying to get recourse, the situation is now one-thousand times worse.

    It seems like a law suit where all documents submitted to the courts are public record would always worsen the privacy loss. Would you agree suing for privacy violation is self-defeating?
  • 05-20-2010, 12:43 PM
    aaron
    Re: Suing Over a HIPAA Violation - Will it Make Things Worse
    HIPAA doesn't create a private cause of action, so an individual can't actually sue over a HIPAA violation.
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