{"id":355803,"date":"2020-08-26T12:09:07","date_gmt":"2020-08-26T17:09:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/patient-rights\/can-i-sue-for-a-hipaa-violation.html"},"modified":"2023-06-12T10:31:22","modified_gmt":"2023-06-12T15:31:22","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
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\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

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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

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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.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

The Health Information Privacy 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>\r\n

Healthcare providers and their business associates must 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. <\/p>\r\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>\r\n

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

Unfortunately, a patient cannot sue anyone directly for HIPAA violations. Under federal law, HIPAA<\/a> does not have a private cause of action<\/a> (sometimes called "private right of action").<\/p>\r\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>\r\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>\r\n

HIPAA Privacy Rules 101<\/h2>\r\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>\r\n

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