While a Health Insurance Portability and Accountability Act (HIPAA) violation differs from medical malpractice, these issues can overlap. In Florida, healthcare providers must follow strict rules to protect patient information and provide good care.
HIPAA violation
A HIPAA violation happens when a healthcare provider wrongly shares or fails to protect a patient’s private health information. Here are some common examples:
- Sharing private patient information on social media
- Letting unauthorized people see patient records
- Discarding or deleting patient information incorrectly
These actions break federal law and can result in hefty fines and penalties.
Medical malpractice
Medical malpractice occurs when a healthcare provider fails to provide appropriate care and hurts the patient. Some examples include:
- Wrong or late diagnosis
- Surgery errors
- Medication mistakes
In Florida, proving medical malpractice requires showing that the provider’s carelessness directly hurt the patient and failed to meet the standard duty of care.
When HIPAA breaches lead to medical malpractice
Here are some cases where a HIPAA breach might become a medical malpractice:
- Wrong diagnosis due to incorrect information sharing: If a healthcare provider shares erroneous patient information, leading to a mistaken diagnosis or treatment, this breach can be medical malpractice. For example, incorrectly sharing a patient’s health history can lead to a wrong diagnosis, causing the patient to suffer from improper treatment.
- Late treatment because of a data breach: If a data breach delays critical treatment and the patient’s health worsens, this delay can be grounds for a malpractice claim. For instance, a breach delaying access to vital test results worsens the patient’s health and indicates a failure to provide proper care.
- Stress and harm: Sometimes, mishandling private information can cause significant stress, affecting the patient’s mental health. If this stress causes physical symptoms or worsens health issues, it can constitute medical malpractice.
Legal options
In Florida, patients cannot sue directly for a HIPAA breach. However, they can file a complaint with the Health Department or the state’s attorney general. Patients can pursue a malpractice claim if the breach leads to harm that meets the criteria for medical malpractice. Talking to a lawyer can help decide the best action and protect your rights.