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HIPAA Breach Attorney in Daphne, AL

Daphne Healthcare Attorney – (251) 202-3374

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was implemented to help protect the privacy and medical records of patients across the country. When a healthcare provider violates the terms and regulations of HIPAA, they can be heavily fined by the government and charged with criminal violations. Most importantly, healthcare providers and hospital groups who violate HIPAA have arguably violated the expected standard of patient care and confidentiality. As such, a civil claim could be filed by the patients affected by their wrongdoing, along similar grounds of a medical malpractice case.

If your rights as a medical patient were violated by a healthcare provider, then you should explore the option of filing a civil claim for compensation. Elizabeth A Citrin PC is here to provide all the legal counsel you require, from start to finish. Our no-nonsense approach to casework lets the opposition know we cannot be intimidated, and keeps the best interests of our clients front and center.

Find out more about HIPAA violations and related civil claims by contacting our law firm now.

What Constitutes a HIPAA Violation?

The average patient medical file contains highly sensitive and personal information. No patient wants to advertise their health complications with the world. HIPAA violations are usually caused by the mishandling of such confidential information or data in a way that allows or could feasibly allow an unwelcome third party to access it.

Examples of actions and errors that constitute HIPAA violations include:

  • Not encrypting data that discusses private patient information.
  • Patient medical records being shown to employees without the proper authority.
  • Secure data stored on unsecured data storage devices.
  • Delay in patient notification after a potential data loss or breach.

Even when a court issues a subpoena to view or retrieve a patient’s medical files, the medical provider still has an expected duty to not violate HIPAA in the process. The patient must still give consent, or the healthcare provider has to follow strict HIPAA regulations to inform the patient that private medical record information will be released due to a subpoena.

This standard of care was reinforced by the Connecticut Supreme Court in January 2018, which found that a physician violated HIPAA by releasing medical record information following a subpoena but not without notifying the patient. The case affirmed that medical providers owe patients both a duty of care and confidentiality, and HIPAA violations that breach that duty of confidentiality could give a patient the right to file a claim for damages due to professional malpractice.There was a $1,440,000 million dollar verdict against Walgreen's in Indiana for a pharmacists misuse of a patient's confidential medical records. This is still uncharted legal territory in Alabama. However, patients have the right to have their private medical information remain confidential, and a breach of the standard of care under HIPAA could lead to viable claims in Alabama.

HIPAA Violation Claims Handled By a Leading Law Firm

Our Daphne HIPAA breach attorney can work with you to see if the misbehavior or illegal actions of the violating healthcare provider or company was significant enough to warrant a breach of duty of confidentiality. If this does prove to be the case, then we will work tirelessly to fight for every possible penny of compensation on your behalf. With a background in complex litigation cases, similar to data security breach claims and consumer fraud claims, you can have confidence in the abilities of our Daphne HIPAA violation lawyer. We know all the intricacies of the relevant laws and regulations, including the Computer Fraud and Abuse Act (CFAA), which might be usable to warrant a private right of action if your medical information was wrongfully distributed through digital or online channels.

Discuss your next step for filing a HIPAA violation claim by dialing (251) 202-3374.