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New York City HIPAA Violation Attorney

HIPAA Violation Attorney in Manhattan

Information about your health is very personal and sensitive. Of course, this is not information you want falling into the wrong hands. The Health Insurance Portability and Accountability Act, also known as HIPAA exists to protect your private health information. If a medical professional or insurance agent violates HIPAA laws, they can face serious consequences. If you believe that you have been the victim of a HIPAA violation and your information has been distributed unlawfully, it is important to consider your legal options. Swerling Law is ready to help you find justice after your privacy has been breached in such a heinous way. Contact our firm today to learn more about how Swerling Law can help.

Who is Required to Follow HIPAA?

HIPAA requires most entities that have access to your information to keep it private. The entities that are required to follow HIPAA laws include health insurance companies, Medicare, Medicaid, most health care providers, and the business associates of these entities. These business associates may include companies that administer health plans, billing companies, companies that keep or destroy medical records, attorneys, accountants, and IT specialists.

It is important to be aware that there are a number of organizations that do not have to follow HIPAA laws. These include:

  • Employers
  • Life insurers
  • Workers’ compensation carriers
  • Schools and school districts
  • State agencies, such as Child Protective Services
  • Law enforcement agencies, with some exceptions
  • Municipal offices

What Information is Private Under HIPAA?

A great deal of information regarding your health is protected under HIPAA. The information that is protected by these laws include:

  • Information on your medical records placed there by doctors, nurses, and other health care providers
  • Conversations that your doctor has about your treatment and care with nurses and other individuals
  • Information about you in your health insurer’s computer system
  • Billing information about you
  • Additional information about your health

Breach of Fiduciary Duty

A breach of fiduciary duty is often synonymous with financial professionals, but it goes much farther. Breach of fiduciary duty can be in the form of a HIPPA violation. Essentially, the fiduciary relationship requires that the client/patient’s interests must be paramount. The doctor-patient relationship is no different and constitutes a fiduciary relationship. A doctor is required to follow HIPAA and act in the best interest of the patient. When they do not, the patient may have the right to take action. The statute of limitations on these cases is 3 years, so it is important to talk to an attorney as soon as possible.

Contact a NYC HIPAA Violation Attorney

If you believe that your rights under HIPAA have been violated, it is important that you consider your legal options and contact an attorney. At Swerling Law, protecting your information is a top priority. Our firm is committed to helping you hold anyone who violated your rights accountable and will work hard to find justice on your behalf. To schedule a consultation with a HIPAA violations attorney, contact Swerling Law today.

$3,250,000

Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.

$3,000,000

Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.

$1,415,000

Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

$995,000

Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.

$850,000

Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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