In the age of massive data breach, we often think of medical information getting leaked as part of a large problem affecting hundreds or thousands of patients in a single incident. That is a very real concern and it does happen, but there are many other ways that your medical information can be wrongfully disclosed, and those disclosures can cause irreparable harm.
Wrongful medical disclosure can occur when records are requested and disclosed without your consent, as a result of a malicious act by an individual who has access to your records, or even just a careless mistake. No matter how or why your medical information was wrongly disclosed, your legal right to privacy has been breached and you can suffer lifelong consequences.
Your legal right to privacy regarding your medical information is a very serious issue. If your medical information has been wrongfully disclosed, you may be able to recover compensation. Consumer protection attorney Jeff Mehalic is here to stand up for your rights and help you recover the compensation you deserve. If you live in Morgantown, Wheeling, Martinsburg or other area in West Virginia and have been the victim of wrongful medical information disclosure, call Mehalic Law PLLC at 304-346-3462 or complete the form on this page today to schedule your free initial consultation and learn more about how we can help you.
The confidentiality of your medical records is protected by both state and federal law. You are probably aware of the Health Insurance Portability and Accountability Act (HIPAA), which is a federal law designed to protect the privacy of your medical information. If your medical records have been wrongfully disclosed, a HIPAA violation may have occurred. There may also be a violation of the West Virginia Medical Records Act and other state law.
Harm Caused by Wrongful Medical Information Disclosure
Violation of your medical privacy can have a wide range of consequences. For example:
- Cost you job opportunities
- Cause problems in your current workplace
- Destroy your relationship or marriage
- Tarnish your reputation
- Cause public embarrassment, ridicule, ostracism and bullying
- Cause severe emotional distress, anxiety and depression
- Interfere with your ability to get effective medical care due to loss of trust
Disclosure of certain types of medical information are taken more seriously than others. Examples include:
- Sexually transmitted disease
- Mental health condition
If Your Medical Privacy Has Been Violated in West Virginia
If your medical privacy has been violated in West Virginia, you may be able to recover compensation for both your economic and non-economic damages. Your lawsuit for monetary compensation usually falls under state law, but if a HIPAA violation is suspected, we will also pursue the HIPAA complaint under federal law. The government’s investigation into the HIPAA investigation can be used to support your case in your lawsuit.
In addition to the compensation you may receive, the hospital, doctor’s office, insurance company, employer, individual or other institution or company that improperly disclosed your medical information may face a variety of penalties and punishments depending on the nature of the incident.
Getting Started with Mehalic Law PLLC
If your medical information has been wrongfully disclosed, please do not wait to take legal action. Attorney Jeff Mehalic is here to fight for you. Contact Mehalic Law today by completing the form on this page or calling us at 304-346-3462 to discuss your case. Your initial consultation is free. We welcome clients from Morgantown, Wheeling, Martinsburg and other areas in West Virginia.