The confidentiality of your medical records is protected.If your medical privacy is violated, you can't file a lawsuit in federal court.Under your state's laws, you have to file a lawsuit for invasion of privacy or doctor-patient confidentiality.The first thing you should do is to consult with a licensed attorney who has experience in medical privacy law.
Step 1: There are attorneys in your area.
The website of your state or local bar association can be used to begin your search.They have directories of licensed attorneys that you can use to find someone with the expertise and experience you need.If you have friends or relatives who have been involved in similar lawsuits, you might ask them if they would recommend an attorney.Just because an attorney worked well for someone you know doesn't mean they'll do a good job for you.Private online directory services can be used to find attorneys.Profiles of attorneys and reviews from clients are provided by these services.There are attorneys who have experience in medical malpractice.There is a cause of action for medical privacy violations in your state's medical malpractice statute.When you have a list of attorneys, visit their websites to learn more about their practice areas.
Step 2: Information about your case should be gathered.
A summary and basic timeline of what happened and how you believe your medical privacy was violated is needed before you speak to any attorneys.You will need to be able to identify the people you claim violated your medical privacy.State law protects doctor-patient confidentiality.If your private medical information is disclosed to a third party without your consent, it is a violation of confidentiality.If your doctor disclosed your medical information, you would use this theory to file a lawsuit.If the information was disclosed by an employee of your health insurance company, you could be sued for invasion of privacy.If the information was made public, an invasion of privacy lawsuit would be appropriate.If you want to prepare for your initial consultations, you should have as much information as possible.
Step 3: Schedule initial consultations with several attorneys.
Since many attorneys are willing to take cases involving invasion of privacy on contingency, you can get a free initial consultation.You can find the best attorney to handle your case by talking to several attorneys.You should be able to find at least two or three attorneys who have experience in medical privacy law, based on your research.Call their offices and schedule an initial consultation, leaving at least an hour for the meeting itself and reasonable travel time.Make sure you send the correct documents in advance of the appointment so the attorney has enough time to prepare for the interview.You should bring a list of questions for the attorney.This initial meeting may seem more like a sales pitch for the attorney than a discussion of your case.Ask questions about the attorney's experience, practice, and work habits, focusing on what would be important to you in a close working relationship.If it's important to you that your emails or phone calls are answered promptly, you will want to ask the attorneys questions about their communication style and how quickly they respond to queries from clients.
Step 4: Make your final decision.
You should assess your needs and goals after interviewing several attorneys.To find out which attorneys are best able to meet your needs and fulfill your goals, compare their strengths and weaknesses.It's important for you to be comfortable with the attorney as a person, since you want to use the one who has the most experience and knowledge of medical privacy violations.Private matters will have to be discussed with your attorney.Even if the attorney you're interviewing has less experience than you, he or she will still be the best for you.Call the others and let them know that you've decided to go with someone else.Get a retainer agreement in writing when you meet with your attorney.When handling medical privacy lawsuits on contingency, you need a breakdown of exactly what percentage of any award or settlement the attorney will take, and how he or she will account for court costs and other expenses.
Step 5: To draft your complaint, work with your attorney.
The document you will file with the court is the complaint.It contains a list of factual allegations that constitute a violation of a law that entitles you to monetary damages.It's difficult to prove damages in medical privacy violations lawsuits.Medical bills, mental health counseling bills and lost time from work are some of the documentation your attorney will need.If the violation compelled you to purchase credit protection or identity theft insurance, those costs can be included in your damages.If the complaint is challenged, your attorney will want to include a figure for damages that he or she can defend.Your attorney will help you figure out who to file a lawsuit against.It's likely that the person who disclosed your private information was employed by a hospital or health insurance company.The person's employer would need to be named as well.
Step 6: You can file your complaint.
If you want to hear your lawsuit, you must take your complaint to the clerk of the court.The clerk will assign your case to the judge.A filing fee of several hundred dollars will be charged by the clerk.If your attorney is working on contingency, they'll pay those fees and add them to the expenses that will be taken from any settlement or award.You will usually get a file- stamped copy of the complaint for your records.All court documents related to your case should be kept in a safe place.
Step 7: The defendants need to be served.
After you file your complaint, you must deliver it to the people or entities you're suing so they have enough time to respond.The service will be taken care of by your attorney.A summons and a file-stamped copy of the complaint are usually hand-delivered by a sheriff's deputy.The summons tells the defendants where to file their response to the lawsuit.
Step 8: Receive the answer from the defendants.
After the defendants are served with your complaint, they have a limited period of time to file a written response to your lawsuit.They can respond directly to the allegations in your complaint.You can expect the answer to deny most of your allegations in a medical privacy violation lawsuit.If the answer is coming from a business entity, such as a health insurance company or a hospital, it may state that the defendants lack sufficient information to admit or deny the allegations.The courts treat this response as a denial.You must prove that the facts contained in the allegation are more likely than not if you want to win the case.If a defendant admits an allegation, you don't have to prove it.Don't be surprised if your defendants file a motion to dismiss.The documents ask the court to rule that even if all the facts are true, they don't add up to anything for which you can file a lawsuit.
Step 9: Take any settlement offers into account.
The defendants may send you an offer to settle the case without going to court after you receive your complaint.If the defendants filed a motion to dismiss, they will wait until the motion is heard by the judge.If you sued your doctor under your state's medical malpractice law, he would be covered by his insurance company.In order to get rid of the case as quickly as possible, insurance companies often send a settlement offer as soon as they receive a complaint.The initial settlement offer is likely to be very low.It may be less than the amount you've demanded in your complaint.Keep in mind that the final decision is yours alone, as your attorney will advise you on whether to accept, decline, or counter the offer.
Step 10: Write discovery.
Both parties can exchange written answers to questions and copies of documents related to the lawsuit through interrogatories and requests for production.Interrogatories will most likely be sent to your attorney by the defendants.Your attorney will discuss the responses with you.After talking to you, your attorney will usually prepare written answers to questions that are beyond the scope of the lawsuit.If you've named a healthcare or insurance company as a defendant, any requests for production sent by your attorney may result in mountains of documents that must be sifted through to find possible evidence.
Step 11: Key witnesses should be deposed.
Live interviews are conducted in the presence of a court reporter as part of the discovery process.Through your attorney, you ask witnesses and parties about their knowledge of the facts in your case.You will want to question the person who was directly responsible for violating your privacy.You want them to be aware of the fact that they violated your privacy or disclosed information without your consent.The defendants may want to question you about the damages you suffered as a result of the disclosure.
Step 12: Preliminary hearings or conferences should be attended.
During the course of litigation, the parties may file motions to ask the judge to rule on various aspects of the case, such as to order one party to produce documents or evidence.You don't have to attend scheduling conferences or hearings related to purely procedural motions if you are the plaintiff.Your attorney will tell you what happened.Your attorney will let you know if a motion is filed that requires you to be in court.
Step 13: You can participate in mediation.
A neutral third party facilitates a discussion with the parties in an attempt to reach a settlement.Before a trial is scheduled, many courts require civil litigants to try to resolve their dispute through mediation.The process of mediation is confidential.A public trial can be damaging to the company from a public relations standpoint, and can inspire other potential plaintiffs to file similar lawsuits against them.You should remember that mediation is a voluntary process.It is not mandatory for you to arrive at a settlement even if participation is mandated by the courts.The terms of the settlement will usually be written in a written agreement that will be signed by all parties.The settlement agreement becomes a legally binding contract once signed.
Step 14: Prepare for trial.
A trial will be scheduled for you if you can't reach a settlement on your own.You have to work with your attorney to build your case.Most of the time, your attorney will prefer a trial by jury.Particularly in medical malpractice and medical privacy violation lawsuits, jurors will be more sympathetic to you than they are to the defendants.Your attorney will meet with you several times to discuss what to expect at trial.If you will be testifying, your attorney likely will practice with you the questions you'll be asked, as well as possible questions that the defense attorneys could ask you on cross examination.Even if you can't settle your case in mediation, the defendants may still make settlement offers as the trial date draws closer.