Illinois  |  Medical Malpractice

Legal Question

Asked on: 9/23/13, 7:22 pm

If a doctor explained a procedure to me and then didn't fully preform procedure and I signed a paper regarding procedure then disclosed information to my mother without consent what legal action should I take?

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Answered on: 9/23/13, 7:39 pm by Burton Padove

None. You need to have been damaged regarding the procedure and there isno private cause of action for a violation of the privacy laws.


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Indiana and Illinois Lawyer, Burton A. Padove 2327 45th Street, Suite B Highland, IN 46322

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Answered on: 9/24/13, 4:11 am by Nima Taradji

This is not a medical malpractice issue. It is a violation of HIPAA. Although it is against the law to disclose private medical information without permission, the law provides that in order to collect money you have to show you have incurred actual damages resulting from that disclosure. Since in most cases it is impossible to prove actual damages for such a disclosure, then there is not much that can be done. If you can prove actual damages--that is you have actually incurred monetary loss--then you may have a cause of action to pursue.

I hope this helps-


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Taradji Law Offices 120 North LaSalle Street, Suite 2800 Chicago, IL 60602

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