Jakelshark t1_j5163lh wrote on January 19, 2023 at 6:01 PM

Reply to comment by Standsaboxer in Protect HIPAA and hold those accountable by SnooDucks3584

To sue for emotional distress allegedly caused by HIPPA violations? That's the best I got... But I'm not sure how liable they would be.

Standsaboxer t1_j517t4b wrote on January 19, 2023 at 6:11 PM

You actually can't sue for HIPAA breaches. HIPAA states that you have to file a complaint with the HHS Office of Civil Rights and they access if a HIPAA breach occurred and they will fine the health care entity if they determine it happened.

The person with the TikTok said she has been to several lawyers and they have all turned her down.

Jakelshark t1_j51j56o wrote on January 19, 2023 at 7:20 PM

I'm sure that's true. I just meant suing in civil court in general for emotional damages stemming from HIPAA violations which enabled a stalker. It's not suing for the breaches, it's suing for the damage caused by the breach. But also it seems like an uphill legal fight when the hospital seems to have dismissed all the violators. (And that's assuming the stalker has a police record, restraining orders, etc)