HIM2012
Prompt
: What are the causes of action for improper disclosure of health
information? Of these, which seem the most likely to succeed? The least likely to
succeed?
ANSWER:
The causes of action for improper disclosure of health information can come
from negligence or be intentionally committed. Most health information
improperly released is usually due to negligence, however cases of
intentionally releasing private health information do exist. Releasing private
health information is typically done with a goal in mind, such goals include
slandering someone reputation, inflicting emotional distress, or some other
way of negatively effecting the targeted person. When taking such issues to
court, some types of information breaches are easier to prosecute than
others, an example of which being libel or a breach of confidentiality. Such
cases are typically supported via documentation and plenty of written
records which show who had access to the relevant information, as well as
other such information which may implicate suspects. Harder cases to
prosecute would most likely be infliction of emotional distress, proving
emotions in court is notoriously difficult and is unlikely to ever see success in
court.
References:
How should you respond to an accidental HIPAA violation? - HIPAA journal.
(n.d.-b). https://www.hipaajournal.com/accidental-hipaa-violation/
Brodnik, M. S., Rinehart-Thompson, L. A., & Reynolds, R. B.
(2023).
Fundamentals of law for Health Informatics and Information
Management
. AHIMA Press.
