Legal Question in Health Care Law in North Carolina

I went to a lab to have a medical test run. The lab ran the wrong test and instead of faxing the results to my doctor they faxed my medical lab results to a community fax machine at my place of business. I called the lab and explained that they ran the wrong test, and explained that they can NOT fax private medical information to my workplace, as it was seen by an unauthorized party. They apologized profusely, promised to run the correct test, which was for hepatitis, and then promised they would no longer fax results to that number and only to my physician. When they reran the test the next day, they proceeded to fax my medical results to my workplace again. Both times it was pulled by my boss, who now has seen and is aware of my private medical information. They violated my personal privacy TWICE and while the first time may have been a simple mistake, the second time was PURE negligence.


Asked on 4/02/14, 2:53 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

You didn't ask a question after your story. I assume the question is can I sue?

Unfortunately, there is no private right to sue for HIPPA violations. But, if you suffered money damages, you can sue for the negligence.

Negligence occurred the second time...you are correct about that. But unless you lost your job or suffered other financial damages, if you sued, you would get nominal damages

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Answered on 4/04/14, 11:48 am


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