Defend Your Patient Privacy Rights with an Attorney
Posted on behalf of Goldberg Finnegan, LLC on Jan 26, 2016 in Medical Malpractice
When you're being treated by a healthcare professional, the Health Insurance Portability and Accountability Act (HIPAA) protects you from having your personal medical information shared with anyone. Under some circumstances, HIPAA prohibits your information from being shared even with employers.
However, there are times when medical information is leaked, whether intentionally or negligently, and this breach of your HIPAA rights can entitle you to damages for the injustice that you suffered.
Have you been given care at a medical or health facility and feel that your records may have been shared without your consent?
If your HIPAA rights were violated, a patient rights attorney at Goldberg Finnegan can help you file a claim against the party that leaked your information. While a lawsuit cannot be filed under the regulations of HIPAA itself, you can recover justice and compensation by filing a civil claim, and our legal team is prepared to fight on your behalf today.
What Are My Rights as a Patient?
Under HIPAA there are several entitlements patients have when they're receiving medical treatment.
The contents of your records can typically only be discussed with you and others you approve. This confidentiality is extended to you through the Office of Civil Rights HIPAA Privacy Rule, and covers the following scenarios:
What About My Medical Records?
You are always permitted to see your medical records. While your healthcare provider does need to provide some administrative and technical safeguards against the sharing of your information, it is always available to you.
You are also allowed to get a copy of your records, which must be delivered to you within 30 days.
Can My Employer Access My Records?
In the event your employer is providing your healthcare plan, they are permitted access to some of your medical information. However, it is unlawful for them to share this information within the company, or to coworkers.
Can My Health Care Provider Talk About My Visits?
Mental health professionals, like therapists and psychologists, do not have to disclose your visits or the nature of your visits to healthcare providers.
In some instances they will do so with your authorization, but the approval of a healthcare plan is not contingent upon revealing information about your mental health.
Am I Offered Any Other Protections?
In the case of legal intervention, law enforcement must obtain a subpoena or other legal permission before viewing your medical records.
Additionally, patients who wish to have their information available through a hospital directory must make a specific request with the hospital to do so.
Contacting our Attorneys for Help Today
The medical malpractice lawyers at Goldberg Finnegan maintain that your patient rights are of the utmost importance.
Our experienced team of attorneys are keenly aware of the legal principles governing your rights, and our goal is to fight for the MAXIMUM amount of compensation available to you when those rights have been violated.
Contact Goldberg Finnegan today for a FREE review of your case. There is no obligation and your information always remains confidential.