Legal Question in Medical Malpractice in Illinois

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?

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

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. 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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Answered on 9/23/13, 7:39 pm
Nima Taradji Taradji Law Offices

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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Answered on 9/24/13, 4:11 am

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