Medical Information

I have seen many questions about HIPAA privacy violations, usually involving someone disclosing a person’s medications or medical records.

The questions almost always ask “can I sue?” The answer is “maybe”.

HIPAA is federal law that imposes very strict requirements on doctors, hospitals, and others who come into possession of your confidential medical information. Violators can receive substantial fines from the government.

But, there is no private cause of action under HIPAA. That means that if a hospital wrongfully discloses your medical records in violation of HIPAA, you cannot file a “HIPAA suit” to recover damages for that violation.

Even though HIPAA does not provide a private remedy, Mississippi law may. Specifically, Mississippi law provides a remedy for certain types of invasion of privacy. We previously wrote about them here.

The claim that may provide a remedy for wrongful disclosure of medical information is “public disclosure of private facts.”

In Mississippi, a person can bring an invasion of privacy claim when:

-Somebody gives publicity to some aspect of that person’s private life,

-A reasonable person would find the publication to be highly offensive, and

-The matter is not of legitimate concern to the public.

As you can tell, each case would have to be decided on its specific facts. For example, how much publicity did the matter get? Was it disclosed to a large number of people or just one person?

How offensive was the publicity? A disclosure that a person takes medication for high blood pressure is probably not offensive. On the other hand, disclosures of certain medical procedures might be highly offensive.

For more on a “public disclosure of private facts” claim, read here .

So, just because HIPAA will not provide a remedy, do not give up. Consider whether an invasion of privacy claim is available.

Panter Law Firm, PLLC, 7736 Old Canton Road, Suite B, Madison, MS 39110.

601-607-3156.

www.craigpanterlaw.com

Craig Painter

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