Skip to main content

Dealing with a Legal Challenge? Don't wait. Ask your legal question for free. Urgent legal matters require immediate attention!

What kind of lawyer deals with HIPAA violations? - Solved

This legal question related to medical clinics, Medical law attorneys (Mesothelioma, Asbestos) in Wisconsin has been answered.

Advertisements
Solved

Care provider who I hadn't even entered his office called and canceled my appointment based on my computer record.

Legal Solution

The response provided below is specific to medical clinics, Medical law attorneys (Mesothelioma, Asbestos) in the jurisdiction of Wisconsin. The previous inquiry was brief, complicating a thorough response.

Addressing Potential HIPAA Violations: A Comprehensive Guide for Wisconsin Residents

The Health Insurance Portability and Accountability Act (HIPAA) is a federal statute that ensures the confidentiality of patients' medical information. It's concerning when a healthcare provider takes actions, like canceling an appointment, based on private medical records without explicit consent. Understanding how this applies within the state of Wisconsin can be crucial to determining if there's a breach and how to address it.

Relevant Laws and References

  • Health Insurance Portability and Accountability Act (HIPAA): The main federal law regarding the protection of patient health information.
  • For the specific rules and guidelines as applied in Wisconsin, one should refer to the Wisconsin Department of Health Services. Although a direct link to specific HIPAA-related laws in Wisconsin is not available, a good starting point would be Wisconsin Department of Health Services' homepage.

Potential Solutions for Addressing the Issue

  1. Documentation: Begin by documenting the incident, including the date, time, and details of the conversation with the healthcare provider.
  2. Legal Counsel: It's essential to find the right lawyer who specializes in medical law or HIPAA violations to provide guidance.
  3. File a Complaint: If your attorney believes there has been a violation, they may advise you to file a complaint with the U.S. Department of Health & Human Services' Office for Civil Rights or the relevant state agency in Wisconsin.
  4. Alternative Dispute Resolution: In some cases, mediation or arbitration with the provider can resolve the issue. Consider discussing this option with your attorney.

Average Legal Fees in Wisconsin for Medical Law Services

Service Type Average Cost (USD)
Initial Consultation $250
Review of Medical Records and Assessment $1,750
HIPAA Violation Case Representation (without litigation) $4,350
HIPAA Violation Litigation Representation $9,500

Note: Prices may vary based on the complexity of the case, the experience of the attorney, and other external factors.

Seeking Further Details

To better assist you and provide a clearer picture of your legal situation, it would be beneficial to have more details about the incident. Furthermore, if you believe you've faced a HIPAA violation, it's crucial to act promptly to protect your rights.

Questions for Further Understanding

  • Was there any prior communication or agreement that allowed the provider to access your medical records?
  • Were any reasons provided to you for the cancellation?
  • Have you had any past issues or disputes with this care provider?

What constitutes a HIPAA violation?

HIPAA violations occur when there's an unauthorized disclosure or access to Protected Health Information (PHI) without patient consent or knowledge.

Can I sue for a HIPAA violation?

Yes, individuals have the right to sue for breaches that result in harm. However, the process can be intricate, and professional legal guidance is recommended.

How long do I have to report a HIPAA violation?

Typically, complaints should be filed within 180 days of the violation. However, this can vary based on specific circumstances.

What penalties can a medical professional face for violating HIPAA?

Penalties can range from fines to criminal charges, depending on the severity and intent of the violation.

Can a provider deny service based on medical records?

Generally, providers cannot deny service based on medical history without a valid reason. If this occurs, it may be discriminatory and could be grounds for a lawsuit.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "What kind of lawyer deals with HIPAA violations? - Solved" has been changed 9 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Wisconsin & area of law: medical clinics, Medical law attorneys (Mesothelioma, Asbestos).
Latest reviews & rating
Last answer by jeffery nelson (review)  |  Written  2 years 3 months ago
Written by jeffery nelson (review) Fri, 02/11/2022 - 12:23 my hippa rights were violated i need a lawyer to repersent me

Respond to legal question!

Do you know the answer to a legal question that is related to the field of law called medical clinics, Medical law attorneys (Mesothelioma, Asbestos)? If you believe that you can advise the inquirer – in even the slightest way – do not hesitate and share your opinion in the comment section. This contribution concerns the location of Wisconsin and, therefore, it is important to post only comments that are relevant to this location. Do you have a similar or a different legal inquiry? Select the correct category, fill in all the required fields, and submit your post.
accident & property damage attorneys accountants-certified public administrative & governmental law... admiralty & maritime law attorneys adoption law attorneys adoption services attorneys antitrust law attorneys appellate practice attorneys arbitration & mediation attorneys arbitration services asbestos & chemical law attorneys automobile accident attorneys bankruptcy law attorneys bankruptcy services business litigation attorneys child custody attorneys child support collections civil litigation & trial law attorneys collection agencies collection law attorneys commercial law attorneys construction law attorneys consumer law attorneys contract law attorneys copying & duplicating service corporation & partnership law attorneys credit & debt counseling Criminal defense attorney disability services discrimination & civil rights law... divorce assistance divorce attorneys domestic violence attorneys drug charges attorneys dui & dwi attorneys employment discrimination attorneys family law attorneys federal law attorneys financial services franchise law attorneys general practice attorneys government offices immigration law attorneys insurance attorneys international law attorneys labor & employment law attorneys medical law attorneys medical malpractice attorneys paralegals patent (intellectual property) personal injury law attorneys probate (estate planning) probate law attorneys sex offense attorneys sexual harassment attorneys tax attorneys trademark & copyright law traffic law attorneys trusts & estate planning... wrongful death attorneys
Are you having trouble finding a reliable and highly-rated attorney in your area of residence? Does the endless process of browsing and comparing law firms annoy you? If so, simply skip this step and post your request (or a general legal question) in our Free Legal Advice Center. Then wait for a reply from our experienced legal advisors, consultants or even your chosen lawyers. You can inquire about anything concerning your case, as well as questions about judicial issues in your state.

Comments: answer this question

"What kind of lawyer deals with HIPAA violations? - Solved"

medical clinics Medical law attorneys (Mesothelioma, Asbestos) Wisconsin

Written by jeffery nelson (review)
Fri, 02/11/2022 - 12:23

my hippa rights were violated i need a lawyer to repersent me

The content of this field is kept private and will not be shown publicly.
I agree with Terms & Privacy Policy
Image CAPTCHA
Enter the characters shown in the image.

© 2016 explorelawyers.com