Can I sue a hospital if a nurse disclosed my HIV status to another nurse while relatives and friends were visiting me for another illness?
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Can I sue a hospital if a nurse disclosed my HIV status to another nurse while relatives and friends were visiting me for another illness?
HIPPA violation
Asked on August 31, 2010 under Malpractice Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Disclosure of a patients health information is a very delicate topic and a hot topic when a patients rights are violated. Certainly the nurse erred in disclosing your health status while there were other in the room. If she had said same to just the other nurse for medical reasons such as continued treatment (shift changes, etc). Violations of HIPAA laws can result in very large fines for medical professionals. As for your ability to collect from a lawsuit, it would depend on the resulting damages to you. How that is couched is best decided by an attorney through consultation who can hear the facts surrounding the disclosure and determine how it effects your life to the point of being able to put a price on it, so to speak. Good luck.
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