{"id":355803,"date":"2020-08-26T12:09:07","date_gmt":"2020-08-26T17:09:07","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/healthcare\/patient-rights\/can-i-sue-for-a-hipaa-violation.html"},"modified":"2026-08-17T10:31:00","modified_gmt":"2026-08-17T15:31:00","slug":"can-i-sue-for-a-hipaa-violation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/patient-rights\/can-i-sue-for-a-hipaa-violation.html","title":{"rendered":"Can I Sue for a HIPAA Violation?"},"content":{"rendered":"\n
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Can I Sue for a HIPAA Violation?<\/h1>\n\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Technically, you can’t sue directly for a HIPAA violation under federal law. Yet, you may sue under state laws for related harms, such as negligence or breach of contract, if your medical privacy was violated. Most often, this requires an attorney’s help.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that sets data privacy and security safeguards for a person’s identifiable health information. Personal health information, also known as PHI, includes more than a patient’s medical information. It consists of a patient’s Social Security number, date of birth, and other identifiers.<\/p>\n

Healthcare providers and their\u00a0business associates\u00a0must protect a patient’s information. A business associate is an entity or person who performs services using protected health information on behalf of a covered entity.\u00a0<\/p>\n

If a healthcare provider or business associate violates a patient’s privacy, that patient has several options for justice. Find a HIPAA violation lawyer before deciding what to do next. A health care law attorney<\/a> can help you review these options for your individual circumstances.<\/p>\n

What Happens If My Medical Information Is Mishandled?<\/h2>\n

Unfortunately, a patient cannot sue anyone directly for HIPAA violations. Under federal law,\u00a0HIPAA<\/a>\u00a0does not have a private\u00a0cause of action<\/a>\u00a0(sometimes called “private right of action”).<\/p>\n

It is against the law for medical providers to share protected health information without the patient’s permission. But federal law prohibits filing a lawsuit asking for compensation.<\/p>\n

Patients can sue healthcare providers or specific healthcare professionals for violating state laws involving HIPAA. Patients can sue for a “harmful” violation of their medical history or medical privacy. These claims are typically negligence claims or breach of contract claims.<\/p>\n

HIPAA Privacy Rules 101<\/h2>\n

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a set of public health regulations. Those rules cover many areas, including privacy. HIPAA’s Privacy Rules are under Title II of the Act.<\/p>\n

HIPAA Privacy Rules<\/a>\u00a0set national standards that protect patients’ rights. They set a national standard that protects patients’ medical information. These rules include the following:<\/p>\n