Some urgent situations call for your doctor to ethically share your personal health information. For example, if you are unable to provide your consent due to an emergency or incapacity. Or, if they are legally required to report it to law enforcement, in the event of a gunshot or other violent injury. Lastly, if you have a certain communicable disease that is deemed a public health concern. Well, besides these instances, please follow along to find out whether you have valid legal grounds to sue your doctor after they disclose your personal health information and how a proficient New York City hospital negligence attorney at Mark L. Bodner, P.C., can help you build a solid case for this.
How can a doctor wrongfully share my health information?
Whether it was purely accidental or maliciously intentional, there is no excuse when a doctor shares your personal health information with outsiders. In a minor case, this information may fall into the hands of an estranged relative you wish to keep a boundary with. Or, in a worst-case scenario, this may snowball into an identity theft issue that is emotionally and financially taxing to recover from. Nonetheless, below are examples of how a doctor might wrongfully share your information:
- A doctor might give an update on your health to a friend or family member without your informed, explicit consent.
- A doctor might advertise your medical case for public marketing or advertising purposes without your knowledge and permission.
- A doctor might share your medical story with your employer, who is working on your FMLA leave or ADA accomodations.
- A doctor might electronically save your personal medical records on a public or unsecured platform or device.
Can I sue a doctor for disclosing my personal health information?
In New York State, there is a known law called Physician-Patient Privilege. This law protects confidential communications between a patient and their doctor. Most importantly, this may cover a patient’s expression of their health concerns and relevant medical history, and a doctor’s expression of their expert opinion and observation on a patient’s current state. This is not to mention the federal Health Insurance Portability and Accountability Act (HIPAA). This Act enforces standards for how doctors should protect their patients’ confidential, personal health information.
Therefore, when there is a breach in their doctor-patient confidentiality, or there is otherwise an evident HIPAA violation, you may be well within your right to take legal action against a negligent doctor. The New York State civil court may award you compensation for your financial losses and emotional distress from trying to rectify the exposure of your personal information. You may also be encouraged to file a complaint with the Department of Health and Human Services’ Office for Civil Rights (OCR) so that no other patients suffer the same experience as you.
We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at Mark L. Bodner, P.C., has successfully gone through this countless times before. So please, retain the services of a talented New York City hospital negligence attorney today.