An attorney is suing me in small claims for fees

[adjusterjack]

Id' be interested to know what the attorney's office did that led the OP to conclude that a violation occurred.

I already asked. And in bold type, no less. And still don't have an answer. Typical of this OP. Hasn't told us squat about squat since the beginning.

 

[Tax Counsel]

I recall reading case authority that there can be no NIED claim without a personal injury. No such restriction exists for IIED claims, but the "extreme and outrageous conduct" restriction applies.

That's pretty much my understanding as well.

 

[army judge]

That's pretty much my understanding as well.

This is odd, nevertheless, I concur with @Tax Counsel and @zddoodah, as to their reasoning and conclusion regarding IIED and NIED claims.

 

[Tax Counsel]

This is odd, nevertheless, I concur with @Tax Counsel and @zddoodah, as to their reasoning and conclusion regarding IIED and NIED claims.

Maybe it's the holiday eggnog that has us all in good cheer and agreeable.

 

[army judge]

Maybe it's the holiday eggnog that has us all in good cheer and agreeable.

The spirit of Christmas seems to soothe, calm, and comfort humankind.

 

[J.phlps]

Exactly HOW did the firm transfer(?) the file to you?

We need to know that before spending any more time on your question.

The file was uploaded to a fileshare site with no password. Any bot navigating to the link via inputting a random string of characters could access the file.

 

[adjusterjack]

The file was uploaded to a fileshare site with no password. Any bot navigating to the link via inputting a random string of characters could access the file.

So? What do you want? Do you want to punish the attorney by taking his money? That's what this is all about, isn't it? Well, the odds of that ever happening are slim to none.

File a complaint with the HHS if it makes you feel better.

Your Rights Under HIPAA | HHS.gov

But I'm not sure there even was a HIPAA violation.

 

[zddoodah]

The file was uploaded to a fileshare site with no password. Any bot navigating to the link via inputting a random string of characters could access the file.

Did that happen?

I note that you ignored my question about whether you suffered any damage as a result of this file transfer. You can't successfully sue for things that might have happened.

 

[J.phlps]

I recall reading case authority that there can be no NIED claim without a personal injury. No such restriction exists for IIED claims, but the "extreme and outrageous conduct" restriction applies.

Thank you for your response. Does personal injury for NIED include physical symptoms manifesting as a direct cause of emotional distress caused by the negligent action(s)?

 

[J.phlps]

Also, the attorney did not violate HIPAA unless he or she was an employee of a covered medical care provider or health insurer, or would be the agent of once of those two groups of businesses. That's becauseHIPAA only regulates privacy of health records maintained by those two groups of businesses; HIPAA does not apply to non health care related businesses.

[/QUOTE]

I found this which seems to indicate otherwise..? The Ethics of File Sharing for Attorneys | ABA Law Practice Today

"But personal injury, malpractice, family, and Social Security law often require handling medical records, which are protected under HIPAA. Recent updates to HIPAA regulations require stricter compliance by third parties, attorneys included"

The attorney suing me is a malpractice attorney.

 

[J.phlps]

Did that happen?

I note that you ignored my question about whether you suffered any damage as a result of this file transfer. You can't successfully sue for things that might have happened.

I suffered intense emotional distress. It takes a while for data leaks to become apparent as far exposing medical info, etc, unfortunately.

 

[adjusterjack]

Sorry, we don't have a solution to your problems.

Thread locked.