Privacy & HIPAA
Our Pennsylvania HIPAA Privacy lawyers know the law and can assist you in your fight against employers, hospitals and physicians whom have violated your rights.
Has a physician or medical practice given your private medical information to third parties that were not authorized to receive this information? You may have a HIPAA Violation. Often Donham Law receives calls about just this type of situation. When we receive these calls we began an investigation into what happened in an effort to help resolve the matter. Often we find out that the medical information that was disseminated was of a seriously private nature. For instance, one young woman contacted us to tell that her doctor had inadvertently sent information about her sexually transmitted disease to her family members. She had not authorized this disclosure and it created a great deal of anxiety, depression, and emotional distress. Donham Law was able to resolve her case for a considerable settlement.
Most medical practices and hospitals do take care to make sure information is properly maintained and disseminated. However, not all physicians and medical practices are careful in the way they treat their patient’s private health information. The difficulty sometimes comes with a failure to properly determine the scope of what the patient needs sent out to other parties. At other times the problem is that the medical practice is just not paying attention. Our Morgantown, West Virginia HIPAA Privacy attorneys can help you navigate the HIPAA laws and find a remedy for your violation.
It is important to remember that not all disclosures are actionable. Your Pennsylvania HIPAA Privacy lawyers can help you figure these issues out. For example, a disclosure about your “flu bug” or “a broken arm” is viewed as a minor breach of your rights, or technical breach and so courts will routinely view these types of issues as not worthy of damages. However, matters related to mental health such as a Bipolar disorder, depression, anxiety, or panic disorder as well as more serious matters such as Schizophrenia or Drug and alcohol dependencies or addictions are viewed as much more serious as an unauthorized disclosure can cause issues with your job or even cause you to lose a job or relationships. These are matters that courts would view as worthy of damages.
Other matters such as abortion, venereal diseases, or sexually transmitted diseases that have been disclosed without your permission can cause the break ups of marriages or relationships and also cause other damages because they tend to “blacken the moral character” of a patient. Our Pittsburgh, Pennsylvania HIPAA Privacy lawyers can help you know whether you have a case and whether you have damages.
Donham Law also handles the violation of medical record disclosures in the workplace. We receive calls frequently that are related to disability discrimination that relates to various types of medical issues such as mobility, mental health, HIV-AIDS, among many other challenges people face. The last thing a worker needs is for their medical records to be talked about among their co-workers or given to other people without a need to know which can cause the loss of a job or prevent the promotion of a worker since they are viewed as disabled. Disability should not be viewed in such a light but it is often the case that it is and so keeping one’s records private is essential to maintaining one’s stature in the workplace. This means that damages will follow if your employer is disclosing medical information about you to your co-workers such as when you go out on Family Medical Leave or when you have had a workplace injury and are trying to return but need accommodations. This can also form the basis for a claim of retaliation based on the injury or disability since the information that is disclosed may be used by the employer to harm your reputation or make it appear that you are unable to do the work you have been hired to do. Our Morgantown, West Virginia HIPAA Privacy lawyers understand the law and can help you know whether you have a violation under the law.
Contact Donham Law today for a free phone consultation or if you would like a more in depth review of your matter with legal advice then we also provide low cost strategy sessions. These are helpful especially when a worker is still employed and doesn’t necessarily want to sue an employer but just wants some help with their legal issues. Call (717) 881-7855.