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HIPAA Violation Lawyers

HIPAA Violations & Medical Privacy? What Indiana Patients Need to Know

Did your private health information get shared with someone who had no business seeing it? 

If a hospital employee looked at your medical records without a reason or personal health information was shared without your permission, you might wonder if you can sue for a HIPAA violation. 

HIPAA, or the Health Insurance Portability and Accountability Act, is a federal law that regulates how healthcare providers handle your information. HIPAA itself doesn’t give you the right to sue anyone directly; it’s enforced by the government, not by patients filing lawsuits. 

But that doesn’t mean you’re out of options. When your privacy is violated, Indiana law gives you other paths to hold the responsible party accountable.

 

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What Counts as a Medical Records Privacy Violation

A privacy violation isn’t always a dramatic data breach on the news. Based on the cases we’ve handled, it’s often something much more personal:

  • A hospital or clinic employee looking up records they had no job-related reason to access
  • Your health information shared with a third party without your consent
  • Records disclosed to an employer, family member, or ex-spouse who shouldn’t have had access
  • A data breach exposing your medical history, Social Security number, or insurance information
  • Improper disposal of physical or electronic medical records
  • A provider using access to your chart for something unrelated to your care entirely
doctor with medical chart

Can You Sue for a HIPAA  Violation?

Not directly. HIPAA is a federal law enforced by the government, not through patient lawsuits. But when your privacy is violated, Indiana law gives you other paths to pursue accountability and compensation, including:

  • Public disclosure of private facts: when private health information is shared with a large group of people
  • Intentional or reckless infliction of emotional distress: when someone accessed or disclosed your information knowingly or recklessly causing emotional distress
  • Vicarious liability: holding a hospital or employer responsible for what an employee did within the scope of their job

These claims can be complicated because Indiana’s privacy laws haven’t fully caught up with electronic health records. But at Ladendorf Fregiato & Bigler, we’ve been pushing to change that. Read about the case we took to the Indiana Supreme Court. 

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Why Choose LFB as Your HIPAA Violation Lawyers

Medical records privacy cases are a narrow, specific area of law. Most attorneys never handle one. We’ve spent years building the kind of experience that only comes from actually litigating these claims, including taking one all the way to the Indiana Supreme Court to argue that state law hasn’t kept pace with electronic health records.

That work has put us in a position most firms aren’t in: we know where Indiana’s privacy law currently draws its lines, where those lines fail to protect patients, and how to build a case within them anyway.

When you choose LFB, you’re also choosing a family-centered, Indianapolis-based law firm with a hard-earned reputation for integrity, professionalism and success. Learn more about our team here. 

Medical Privacy Cases We’ve Handled

  • A large number of individuals had their private medical records accessed by a physician, after the physician met them socially. Read more about this case here (will link to blog post). 
  • A hospital employee with no treatment relationship to a patient accessed his chart, found a private diagnosis, and disclosed it publicly, leading to harassment and property damage targeting the patient. 
  • A physician accessed the patient charts of woman he dated or came across on dating apps. 

Want to discuss the details of your case? Contact us here or call 317-842-5800 for a free consultation.

“What stood out most was how they genuinely cared, not just about the process, but about me. Taylor was responsive, honest, and steady, and the entire team worked with integrity and heart. I honestly can’t thank them enough. If you’re looking for a team that will treat you with dignity and give you their full attention, this is the firm you want behind you.”
– Jeff B.

FAQs about HIPAA Violations & Medical Privacy

A HIPAA violation happens when a healthcare provider, insurer, or one of their employees fails to protect your health information the way federal law requires. This can mean accessing your records without a treatment-related reason, sharing your information without your consent, or failing to secure it against a breach. HIPAA violations are investigated and enforced by the federal government, not through a lawsuit you’d file yourself, but the underlying conduct can still give you grounds to pursue a claim under Indiana law.

You can report a suspected violation to the U.S. Department of Health and Human Services’ Office for Civil Rights. Reporting can trigger a federal investigation, but it’s separate from pursuing compensation; that’s where an attorney comes in.

Not directly under HIPAA, but Indiana law may allow you to pursue a claim depending on how your information was accessed or disclosed. See above.

Every case is different, and settlement terms are almost always confidential, so we can’t cite specific figures. Case value depends on the legal theory available, the extent of the disclosure, and the harm you experienced.

This depends on the specifics of your case, including when the breach occurred and when it was discovered. Contact us for a free consultation to discuss the details of your case.

Contact LFB Today for a Free Consultation

We’re here to help you figure out the best step forward and fight for the compensation you deserve. Contact us online or give us a call at 317-842-5800 to set up a free consultation to discuss the details of your medical privacy case.

lawyers at Ladendorf Fregiato & Bigler

“I had an excellent experience from start to finish with the firm. Memorie is very responsive & easy to reach. Dustin is an amazing attorney & well versed in the area of expertise I needed. He is a man of his word & I am so grateful for his assistance in such a trying time. Thank you to the team for everything.”
– David V.