Legal Question in Health Care Law in New Jersey
Health Privacy/Defamation
My wife recently suffered the miscarriage of our child. It was recommended to her that she have surgery because of how far along she was. When she went to the doctor for her post-op, she recognized the medical assistant. A couple of weeks later, my wife's sister asked my wife if she had had an abortion, because the medical assistant that was in the office had told her friend that she had an abortion. Is there any type of legal action that we would be able to pursue? We feel very violated that our privacy had been breached. The medical assistant deliberately spread false information about her surgery which was protected under HIPAA laws.
1 Answer from Attorneys
Re: Health Privacy/Defamation
Depends if you can get witnesses to testify to this defamatory statement. Feel free to e-mail or call with further questions.
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