My brother contact a psychiatrist of mine to find out information about me without my permission. The doctor wrote back a letter stating that i could be of danger and my brother used that letter to incriminate me in a civil case. Do I have a good case to sue the doctor and the hospital for breach of HIPAA?
This is a fact sensitive situation, so you should contact a local attorney. You are correct that medical providers are not authorized to reveal confidential medical information without written authorization from the patient. A doctor can report a patient if he/she believes the patient to be of imminent threat to someone. The situation that you described does not appear to meet that threshold, but an attorney needs to consult with you in order to assess the matter carefully.
There is no private cause of action for a HIPAA violation though you can file a complaint w/the Board of Medical Examiners. Very sorry about your circumstances.
You can sue anyone for almost anything. The real question to consider is whether there is an insurance policy that covers this potential violation of HIPPA laws. You should search for an attorney in LA that has experience handling violations of HIPPA and hopefully there is an insurance policy that the shrink has that covers these claims.
Although there is no independent claim for HIPPA violations, you could have a cause if action for violating your right of privacy and disclosing private facts about a private person. You need to show damages as a result of the disclosure.
Any questions, just ask.
Kevin
