Hippa Violation Illinois help

[silguy618]

A few months ago, my partner and I were informed via social media that a nurse at my local hospital was discussing my HIV status. She had noticed a medication refill and was sharing this information with others, which led to assumptions about my sexual orientation due to the nature of the medication I take. Immediately, I reached out to the hospital's HR department. Yesterday, I received an email informing me that an investigation revealed the unauthorized access of my medical records by the individual in question, who was subsequently terminated from their position. This situation has caused me significant distress, particularly as I have observed a notable decrease in business, especially with customers in the same age group as the employee in question I own a small local business. It is particularly challenging as I live in a small rural area and am a small business owner. Can I seek  legal counsel to explore my options for pursuing a lawsuit against both the nurse and the hospital for the emotional distress and damages caused. I would also appreciate any guidance or advice as to how to proceed, particularly given that I am located in Illinois.

[Jim Allen]

Sorry to hear this.

[leatherman]

googling "what to do if hospital releases your private information"
gave this answer at the federal level.
https://www.hhs.gov/hipaa/filing-a-complaint/index.html

check and see if IL has something similar through the state department.

[harleymc]

I guess you need to work out what outcome(s) you want.
The organisation has made it very clear that the policy and practices were violated.
The individual is unemployed and therefore not a good target for legal action.

Have a good think about what you want and whether it is achievable.

[silguy618]

Yes they terminated her but only after the fact. I have been harassed and nasty messages sent via text. I live in a extremely small town in Illinois where the stigma is high still.  I have had my property damaged.  See the picture.  The hospital attorney has been contacting me.  Trying to compensate for my damages.  But my life is ruined here while she continues to tell the story she is the victim because she saw my hiv status. I am going to have to literally move after living here for 40plus years  they spray painted f*g and mother****er all over my privacy fence at my home. I told attorney I did not want legal help but to see my side of the story.  They know I can't find legal help in my area. I'm extremely depressed so bad my viral load has been blipping

[Jim Allen]

Sorry to hear that you are going through this and struggling.

[STLPOS17]

Hi Silguy618. I think I probably live near you. I was shocked to find out that employees at various BJC facilities tested me, shared my information with my employer and took four months to notify me. The horror of realizing what my colleagues were thinking after a hospital employee apologized to me.

All those questions of "What do the doctors say?' and I was answering with the most truthful information I could and they would smirk at me with a, 'oh, right.' I have spoken with several attorneys and they feel the law is on our side, but the case would cost a lot of money and juries in this area may not award much based on a formula required here. Have you had better luck?

I think the best we can do is find a national media organization willing to tell our stories.

Message me if you want to pursue this. Any others in Southern Illinois/Saint Louis who have had problems with blatant HIPPA violations and possibly malpractice?

[STLPOS17]

Hi Sil618,

I am sorry if my previous post didn't cover some issues, I am well aware that you feel your privacy was intruded upon (it was) and you are having a deleterious effect on your life and business.

This area is filled with many self-righteous people; they feel they have God's backing to hurt people with HIV, with learning disabilities. People around here still think that a child with autism or born deaf is being punished due to some evil done before birth.

I have already spoken of some of the things that I experienced, and I have heard more stories like yours and mine. We have to decide if we want to run or fight. Both options are a choice (just as coming out of choosing to stay in the closet is a personal choice). Whichever you decide is fine, but if you feel this was something that needs to be addressed, if your concern is that health institutions in this area do not take people's healthcare and privacy seriously, then I believe creating a sense of shame is the only way to change the ineffective culture of local healthcare organizations. Damage their reputation and profits will decrease- this is how we can force companies to change.

So sorry you are having to endure this.