Lawyer

Doctors Can Be Sued

November 2nd, 2014

According to the Connecticut Supreme Court ruling, doctors can be sued for HIPAA Negligence.  Recent case involves Emily Byrne who claimed that Avery Center for Obstetrics and Gynecology in Westport violated her right to privacy. According to the reports, she didn’t want to share information about her pregnancy with the father of the child, with whom she was no longer in relationship.

The suit mentioned that the organization failed to make any communication with Byrne for his consent before releasing her medical file.

“Before this ruling, individuals could not file a lawsuit claiming violation of their privacy under the (Health Insurance Portability and Accountability Act of 1996) regulations,” Trumbull lawyer Bruce Elstein told the news source. “It was for that reason that we filed a negligence claim, claiming the medical office was negligent when it released confidential medical records contrary to the requirements set forth in the regulations.”

According to Byrne, she suffered agony when the father of her child used her personal information for “a campaign of harm, ridicule, embarrassment and extortion.”

The Connecticut Supreme Court agreed that a violation of HIPAA regulations may result in a violation of commonly accepted standards of care. This is the first instance that Connecticut’s Supreme Court has ruled regarding HIPAA negligence. The state now joins Missouri, West Virginia and North Carolina in similar rulings.

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