Legal Question in DUI Law in Tennessee

Dui and hipaa

After being arrested, subject was taken to a hospital and blood was drawn without patient consent. Hospital staff provided the arrsting officer with documents indicating .21 % bac and subject was booked on various charges including dui. Does this violate hipaa?


Asked on 12/26/07, 7:15 am

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Dui and hipaa

Does it really matter if it violated HIPPA?

The last I heard courts were not allowing plaintiffs to collect damages for HIPPA violations.

The real question is whether the evidence can be kept out of court in the DUI case which would appear to be in the works. For that you need to get copies of all of the medical records. get a copy of the Affidavit of Complaint on the DUI (get it from the clerk's office) and speak with an attorney with all of that in front of him.

If you are in the Chattanooga area, call to schedule a time to come in. If not and need the name of a good DUI attorney closer to you, I will be happy to try to provide a name.

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Answered on 12/30/07, 2:41 pm


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