Confidentiality agreement dispute rages on in several states

On behalf of Koch & Schmidt posted in Business Litigation on Friday, September 23, 2016.

The Health Insurance Portability and Accountability Act of 1996 (HIPPA) was enacted to protect and secure every person’s health care information. If a Louisiana medical provider wrongfully discloses patient information, that person may wonder what type of remedy may be available. In the past, the only option available was to report the incident to the Department of Health and Human Services. More recently, a confidentiality agreement dispute has led to changes in several states.

Some courts have allowed patients to file civil claims for negligence when privacy rules are deemed to have been violated. One state’s Supreme Court remanded a dismissed action for trial regarding medical records that had been released to the court without the patient’s knowledge. The situation involved a woman who was a party in a paternity case. Initially, she filed for negligence and her claim was dismissed, but later, a state Supreme Court granted a trial.

Public disclosure of private facts and invasion of privacy are two torts for which plaintiffs may seek redress. In cases where mental or emotional trauma is evidenced, monetary recovery may be sought. The federal government has set the standards for confidentiality, and any medical provider who fails to meet those standards may be held accountable for negligence.

Any person in Louisiana currently troubled by a confidentiality agreement dispute may seek counsel by calling an attorney to request a meeting. Such situations are often more easily solved alongside skilled and experienced assistance. To begin the process of addressing such matters in court, one may arrange a consultation to discuss the details of one’s particular situation.

Source: renalandurologynews.com, “When Information Breaches Lead to Lawsuits“, Tammy Worth, Sept. 14, 2016