Legal Question in Health Care Law in Maryland

I have reason to believe that my cousin, who was a doctor on my trauma team after I was involved in a car accident in June 2010, may have violated my privacy by giving out medical information to another family member. I also believe that the second family member gave the information out again which will result in legal consequences for me. Im not sure where to start or what I need to do. Can anyone help get me started. Thank you.


Asked on 9/17/10, 1:12 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

There is a federal statute called the "Health Insurance Portability and Accountability Act ("HIPAA") of 1996." This statute governs the health care industry's use, disclosure, distribution, etc., of a person's medical records. HIPPA claims have been heavily litigated in the last few years, and as such, medical providers have increasingly become more vigilant about patient privacy issues. This is a long and complex statute that you should not attempt to decipher yourself. I STRONGLY recommend that you consult an attorney BEFORE you proceed with any legal action.

I would also think long and hard about turning what is ultimately a domestic/family situation into a full blown legal affair -- these types of things can break up families, so you need to decide how important it is to you and whether using the court system is really appropriate.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 10/01/10, 2:32 am


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