Did she violate my HIPPA rights??

[ropa99]

Several months ago I went to a local hospital to recieve treatment for a quite personal and very embarrassing infection.As this was an extremely personal thing, I had no intention on telling anyone other than my fiance,(who also had to be treated) about the infection, this includes my friends and especially my family. About a month ago I recieved a call from my older brother who lives about 18 miles away in the next city, telling me that he was told all about my "dilemma" by one of the women who registered me at the hospital that day.
Now, I know this is a HIPPA violation, but I'm wondering if the violation warrants a law suit against the hospital. Since this got out to my family, I have lost all financial support from them, making it nearly impossible to pay my tuition. I am an international student and my out of state fee's which are icluded in my tuition, as well as the mandatory insurance and other fee's run me about $4,500 per semester. Excluding books, I pay 6 to 7 times more per semester than an american student and now am facing loss of my student visa due to this womans actions. Please help me figure out what to do about this situation. Can I sue the hospital or their employee for what I've lost in financial help from my family????

 

[mightymoose]

You can probably make a reasonable complaint, but it would hinge on your brother identifying the person who spilled the beans. He already told you... but no telling if he will tell anyone else when people start asking questions.

 

[CdwJava]

HIPAA violations have attached to them statutory penalties to be paid by the institution and/or the individual involved. By themselves, a HIPAA violation is not always groudns for a lawsuit.

Now, you can certainly pay an attorney to argue that had you managed to conceal your activity from your family that they would have continued to pay you for school, but it is generally weak to argue that one's continued deception would have resulted in an ongoing gift. I am sure you can find an attorney that would be willing to trey and make the case, but do you have the money for the attorney?

If you think there is a substantial case here, consult a local attorney and see what he or she thinks. Personally, I think your only real recourse is to make a complaint to the DSHS:

http://www.dshs.state.tx.us/hipaa/default.shtm