Another Example of a HIPAA Violation Lawsuit
Can a patient sue because a healthcare entity endured a HIPAA violation? Within HIPAA, there’s no private cause of action. Therefore, it’s not possible for a patient to take legal action and sue for a HIPAA violation. Even if the HIPAA laws were clearly violated, and the patient suffered as a direct result, they can’t seek damages. However, as we discussed in a previous video, people can sue for damages caused by the exposure of personal information.
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In some states, it’s possible to file a lawsuit against a HIPAA-covered entity if they can prove that the provider was negligent or there was a breach of an implied contract. For example, if a covered entity failed to protect medical records, a patient can claim that this was a breach of an implied contract. Let’s take a look at another example.
A company we will call NewHealth Med for the sake of this video is a medical equipment company. Their equipment helps patients recover from surgeries and illnesses. The company suffered a data breach in March of 2022. The breach compromised both PHI and PII such as… Names… Contact information… Insurance data… Medical information… Birthdates… and Social Security numbers. In the lawsuit, the affected patients claimed that NewHealth Med could have justifiably prevented the breach by implementing reasonable cybersecurity measures. Although NewHealth Med hasn’t admitted to any wrongdoing, they still agreed to pay an undisclosed sum to resolve the data breach.
HIPAA violation lawsuits happen all the time. Can you sue for a HIPAA violation? Technically, no you can't. You cannot sue an individual for compromising your PHI. However, you can sue a covered entity for the consequences and damages caused by the exposure of PHI and PII. Lawsuits can take time and money to resolve. However, it can be worth it to have your privacy re-protected. It is also worth it to fix the damages done by losing your right to medical privacy.
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