Can a Hospital Employee Use Medical Records to Identify You for a Criminal Complaint

My question involves criminal law for the state of: Maryland

I was at the hospital, under a voluntarily commitment. I got into an argument with a nurse. I assert he assaulted me when he lied, saying that he felt threatened, having the doctor order shots, and then administering the shots.

A day or two later, I got into another argument with him. I lightly punched him in the face to prevent him giving me the shots.

He then accessed my medical records to get information to file a criminal complaint.

I assert the criminal complaint isn't valid because he violated HIPPA.

What do you think?

I think you committed an assault.

You said that he assaulted you when he lied, how did he assault you?

Maybe he is bringing your medical record into account to prove that you have psychological issues and are lying?

Giving me the shots was an assault.

Quote:

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Quoting Sire

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I assert the criminal complaint isn't valid because he violated HIPPA.

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Wrong.

Speak of this to no one except an attorney.

Even if we assume that a HIPAA violation occurred, it will have no impact on the criminal case against you.

I think he is saying they accessed his medical record only to identify him. HIPPA is designed to prevent the release of your medical information to uninvolved parties. There are certain exemptions where the health care provider can release your information to the police for mandatory crime reporting (like gunshot wounds).

So, if they used your record simply to identify who was in bed 3 at 4pm so they can tell the police that you slapped them, and nothing about what you were there for, then there should be no problem.

But, if you still want to pursue a HIPPA complaint then you can file one here. https://www.hhs.gov/hipaa/filing-a-c...ess/index.html

Quote:

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Quoting sniper

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I think he is saying they accessed his medical record only to identify him. HIPPA is designed to prevent the release of your medical information to uninvolved parties. There are certain exemptions where the health care provider can release your information to the police for mandatory crime reporting (like gunshot wounds).

So, if they used your record simply to identify who was in bed 3 at 4pm so they can tell the police that you slapped them, and nothing about what you were there for, then there should be no problem.

But, if you still want to pursue a HIPPA complaint then you can file one here. https://www.hhs.gov/hipaa/filing-a-c...ess/index.html

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I filed one there and one with the hospital already.

Even assuming a HIPAA complaint happened (and under the circumstances, I do not believe a violation occurred), you can still face criminal charges for attacking the staff member ... assuming the prosecutor chooses to pursue the offense. It's possible that the state's attorney will not pursue the matter given the totality of the circumstances and the severity (or lack thereof) of the crime. But, the fact that the victim obtained your name from medical records (or, just as easily from your wrist band, overhearing it stated by you or other staff, or on the chart they had access to as part of their job) is not at all likely to result in the dismissal of charges.

I don't believe the law has changed since you asked the question back in May: https://www.expertlaw.com/forums/sho...d.php?t=229169