Lawsuit Against Hospital For Hipaa Violation
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FAQ
Even if HIPAA Rules have clearly been violated by a healthcare provider, and harm has been suffered as a direct result, it is not possible for patients to seek damages, at least not for the violation of HIPAA Laws.
In that case, they may be entitled to receive a portion of the funds recovered by the government as a reward. Phillips and Cohen mention that the whistleblower may receive a reward of 15 percent to 25 percent of what the government recovers if the government opts to join the lawsuit.
Within HIPAA, there's no private cause of action. Therefore, it's not possible for a patient to take legal action and sue for a HIPAA violation. Even if the HIPAA laws were clearly violated, and the patient suffered as a direct result, they can't seek damages.
HIPAA violations are expensive. The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision.
You may file a Security Rule complaint electronically via the OCR Complaint Portal, or using our Health Information Privacy Complaint Package. If you mail or fax the complaint, be sure to send it to the appropriate OCR regional office based on where the alleged violation took place.