Legal Question in Personal Injury in Georgia
medical records
My sister is a nurse at a local hospital. My young niece,18, not my sister's daughter, got sick and went to the emergency room, only to find out that she's pregnant. My sister looked in my niece's medical file and told a family member and their church pastor (they attend the same church). My niece, who has two other children, had planned to have an abortion....but now everyone in the family knows and she's afraid. My niece called the head nurse at the hospital, who said she will look into it. This is not the first time my sister has looked into my nieces (and other people's) medical records and told other people. My question is, if the hospital doesn't take action against my sister, what recourse does my niece have?
1 Answer from Attorneys
Re: medical records
Your niece and every other person of whom your sister has divulged private information has a case against the hospital. If, as you say, this is not the first time your sister has done this, the hospital may have set itself up for an award of punitive damages. All of this is true whether or not the hospital takes any action against your sister. The legal cause of action has been established as to each person at the time of the divulging of private information. By taking any action against your sister, the hospital can only hope to lessen any award of damages. In order to give you more information, I need to know what county the hospital and your niece are in and the name of the hospital. If you wish to pursue this, please let me know.
Charles W. Field
Attorney at Law
Ste. 202
3949 Holcomb Bridge Rd.
Norcross, GA 30092
Phone: (770) 987-6151
Fax: (770) 513-9838
e-mail: [email protected]
http://cwfield.home.mindspring.com
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