Is a HIPAA Violation a Form of Medical Malpractice?

When we visit the doctor, we expect for our doctor’s entire medical staff to professionally handle our sensitive and private information. The Health Insurance Portability and Accountability Act (HIPAA) establishes specifics on how medical staff and insurance providers must do this. While HIPAA violations are not necessarily issues of medical malpractice, they have been found to be relevant in certain cases where they occurred due to a doctor failing to properly uphold the standard of care.

Injuries and violations that happen during medical care can be extremely personal and devastating. If you find yourself in this difficult situation, speak with one of our skilled Chicago medical malpractice lawyers right away about a possible HIPAA violation.,

HIPAA Violations vs. Medical Malpractice: What You Need to Know

A physician can be sued for medical malpractice if they fail to provide the standard of care for their patient that is reasonably expected. If you feel that you are a victim of a doctor’s negligence, then you would argue that the treatment you received was below this standard. The law does not establish specific technical rules or criteria which spell out when a case is determined malpractice.

HIPPA provides the standards for the confidentiality, security, and transmission of a patient’s personal health information. Unlike with malpractice, the criteria for a HIPAA violation are specifically spelled out. If found to have violated a patient’s rights under HIPAA, a physician or insurance company could face sanctions in addition to a large fine. If there is an occurrence of repeated privacy violations, the FBI could conduct a criminal investigation.

What’s the Difference Between HIPAA Violations and Medical Malpractice?

Medical malpractice occurs when a doctor or healthcare provider fails to meet the accepted standard of care, causing harm to a patient. In these cases, you must prove that the treatment you received was below what a reasonably competent provider would have delivered under similar circumstances. There are no hard-and-fast rules for what constitutes malpractice—it’s often determined on a case-by-case basis.

How HIPAA Violations Are Defined

HIPAA violations are clearly defined under federal law. They involve the mishandling, unauthorized sharing, or insecure storage of protected health information (PHI). Unlike malpractice, HIPAA breaches don’t require harm to be shown—just that the rules were broken.

Legal Consequences of HIPAA Violations

Healthcare providers or insurers who violate HIPAA may face civil fines, loss of licenses, or even criminal charges if the misconduct is intentional or repeated. The FBI may investigate serious breaches.

When HIPAA Violations Lead to Malpractice Claims

Although most HIPAA violations don’t qualify as malpractice, there are exceptions. In one case, a Walgreen’s pharmacist was held liable for medical malpractice after improperly disclosing a patient’s private health details. The court found that compliance with HIPAA was part of the expected standard of care.

Common HIPAA Violations That Are Not Medical Malpractice

It can be argued that any HIPAA violation is a case where the reasonably expected standard of care was not met, and therefore a malpractice suit can follow. However, often times HIPAA violations occur in scenarios where malpractice doesn’t even come to mind, and therefore, a malpractice suit will likely not be the route pursued by your attorney on your behalf. Some common reasons for HIPAA violations include:

• Employees of medical, pharmaceutical, or insurance companies gossiping with friends or speaking while in the presence of others who should not have a patient’s private information.
• Employees accessing files to which they should not have access. This can be done accidentally or on purpose.
• Improper handling and storing of medical records. When your information is shared between medical professionals, it must be sent in a responsible manner and stored securely.
• Lost or stolen computers or cellphones with your information on them can result in HIPAA violations if they were not protected properly.
• Using non-work computers to access a patient’s information can result in a violation if it allows for non-authorized people to have access to your private medical records.
• Failure to properly train medical and office staff on HIPAA rules can be a violation if it results in a patient’s information being jeopardized.

HIPAA violations are not usually considered medical malpractice, but there is always the possibility that they can be used to show that your doctor failed to meet the standard of care in your treatment, and therefore, you may also be a victim of medical malpractice. A violation of your privacy can be devastating and overwhelming, and it’s important to seek legal counsel immediately if this happens to you.

How One of Our Medical Malpractice Lawyers Can Help You

Pursuing a HIPAA violation requires that you act quickly, and follow the protocol that is established by this federal law. At Staver Accident Injury Lawyers, P.C., our Chicago medical malpractice lawyers understand how HIPAA claims are handled by the courts, and we know how to protect your rights as you seek to recover damages.

Contact us today at (312) 236-2900 or fill out our online contact form for a free consultation today.