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Perna & Abracht, LLC is a leading law firm with a team of medical malpractice lawyers who have the right experience and skills to handle your case. Read this to know everything about Medical Malpractice Lawsuits for HIPAA Violations or visit https://pa4law.com/best-medical-malpractice-lawyer-top-attorney
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The Health Insurance Portability and Accountability Act (HIPAA) safeguards our right to medical information privacy. This is why doctors' offices, medical labs, hospitals, and pharmacies have adjusted several procedures to protect our right to privacy.
However, although a private individual could sue under common law if the health care practitioner broke HIPAA laws, and the individual was harmed as a result, the individual could not sue under HIPAA. If a healthcare provider violates HIPAA, only the federal government can impose penalties.
Patients can register complaints with the federal government if HIPAA rules have been broken and concerns are usually examined. The affected person must file a complaint with the Department of Health and Human Services' Office for Civil Rights (OCR). It is necessary to make a complaint within 180 days of discovering the violation.
The severity of the actions will be determined by several variables, including whether the infringement was unintentional, how many people were affected, and whether this is a repeat violation of HIPAA Rules. Many complaints are settled through voluntary compliance, guidance, or the offending institution taking corrective action to address the issues that led to the complaint. If a criminal violation of HIPAA rules is detected, the Department of Justice may investigate prosecutions.
Although you cannot sue a health care provider directly for a HIPAA violation, personal injury lawyers believe you can sue a health care provider and seek monetary damages under state law. You should be aware that a case of this nature can be extremely costly and time-consuming, with no certainty of success. Medical malpractice insurance frequently covers healthcare professionals, and insurers' legal teams are infamous for dragging out court cases hoping that the plaintiff will give up.
Another option is to join an existing class-action lawsuit against a healthcare system or provider that has failed to secure your personal information. The more individuals involved, the stronger the case is likely to be. If you believe your right to privacy has been infringed, you should get legal advice from an expert attorney familiar with medical-legal matters.