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HIPAA Violations: Privacy Rights & Personal Injury

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HIPAA violation

Violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) are more common than you may think.

HIPAA protects individuals in many ways and one of the most important ways is through accountability. It protects health data integrity and patient confidentiality. When these privacy rights are violated it places many individuals at risk for injury.

Here are two ways an individual could be at risk:

Violation of health data integrity

HIPAA requires that safeguards be in place to protect patient data. When these are the security is breached and personal information such as names, dates of birth, social security numbers, health records, insurance ID numbers, or photos, is hacked, a patient’s personal identity could be stolen. A patient’s credit could be damaged, their health records released publicly, their reputations tarnished or worse. Such violations may result in a hefty HIPAA fine.

Violation of patient confidentiality

A patient’s health record confidentiality could be violated in a few ways. A physician, healthcare worker, or insurance agent, could violate HIPAA by released health information by phone to an unauthorized party. It could also be violated if staff are not properly trained on how to handle and dispose of sensitive information. Giving individuals unauthorized access to health portals is another way healthcare companies could violate HIPAA. Whether it was due to carelessness, negligence, criminal intentions, or inadequate training, violations of HIPAA can result in fines for breaching patient confidentiality or even jail time.

In certain circumstances, patients may be able to file a lawsuit against their doctor, healthcare business, or healthcare organization for breaches of HIPAA. Personal injury lawsuits can be brought on the basis of state laws. Consult with an attorney to learn more about whether you can file a case and what damages you may be entitled to receive.

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