Las Vegas HIPAA Violation Attorneys

What Is HIPAA?

HIPAA stands for the Health Insurance Portability and Accountability Act. It was created through federal law in 1996. The Act includes provisions that review the privacy and security of individuals’ health and medical information. It also explains medical insurance coverage.

One of the most important sections of HIPAA is “protected health information,” or PHI. PHI is information that identifies an individual. Some information that is considered protected health information is:

• The individual’s past medical conditions
• The individual’s current medical plans
• Any treatments that the individual may need in the future

Under the Act, healthcare providers and health insurance companies are required to protect the privacy and security of individual health information. The Act establishes certain duties and responsibilities that these healthcare companies must have when dealing with such private information. What initially sparked this provision was concern by the community at large with the way healthcare professionals were handling private and confidential information.

There are specific safeguards that health insurance companies and healthcare providers must follow and adhere to in order to make sure that the information is kept confidential. in the event that a healthcare provider fails to follow these necessary steps, the injured victim has the right to file a lawsuit against the provider.

These provisions allow individuals to have more control over how their health information is communicated amongst healthcare providers. For example, patients have the right to receive paperwork and documentation as to what their own personal health insurance information is. This is also a great way for healthcare providers and healthcare insurance companies to make sure that the information they have on file regarding each patient is updated and correct.

If you believe that you have had your confidential health information violated through the HIPAA act, give us a call today to discuss how our Las Vegas attorneys could help you. We have attorneys located in every major city in California and Nevada, especially in the city of Las Vegas.

if you believe that your rights under the Health Insurance Portability and Accountability Act (HIPAA) have been violated in Las Vegas, our Las Vegas attorneys offer free initial consultations where we could discuss the potential violations. Each healthcare provider has specific security standards that they must have to follow. In the event that they failed to follow these standards, they could be liable to the injured victim.

HIPAA violations can take place in many different ways, such as:

• Failure to secure protected health information (PHI): Under the act, health insurance companies and healthcare providers have a set of Standards to follow to make sure that their security systems are up to date, and have several different password protections and encryptions in place in the event that there is a cyber attack and their patients’ private information is at risk.
• Disclosure of PHI without authorization: The Act requires that there be a valid authorization from the patient in the event that their information is transferred from one type of healthcare provider to another.
• Failure to provide access to PHI: Individuals must have access to their own private health care information. A healthcare provider cannot deny an individual from wanting to see a copy of their private insurance information.

If you think that you have had your private information violated, such as a cybersecurity attack, give our Las Vegas attorneys a call today to discuss what steps you could take.

What is a HIPAA Lawsuit?

A HIPAA lawsuit is a lawsuit filed by an individual who has had their rights violated under the Health Insurance Portability and Accountability Act (HIPAA). The Act ensures that healthcare providers and insurance companies comply with several different privacy and security standards. In the event that they fail, to comply, the individual has the right to file a lawsuit and get compensated for their injuries.

Below are some circumstances where an individual’s information has been violated under the Act’s privacy and security rules.

• Disclosure of protected health information (PHI) without authorization: Individuals must give valid authorization before the healthcare provider transfers their information or reveals it to another third party. If there is no authorization, then the individual has the right to file a lawsuit for a HIPAA violation.
• Failure to provide access to PHI:  individuals have a right to request their own information to see what is under their confidential records and individual files. If they have been denied their own records, then an individual has the right to file a HIPAA lawsuit.
• Failure to secure PHI: If there is any type of data breach, and the healthcare provider or health insurance company fails to have adequate security measures as spelled out in the act, then the individual who has had their information breached could file a lawsuit against the healthcare provider or insurance company.

HIPAA lawsuits can be very complex. That’s why it is important to have an experienced and qualified Las Vegas HIPAA violation attorney on your side.

Contact Our HIPAA Attorneys

If you are an individual located in Las Vegas or a Las Vegas company that is facing a HIPAA investigation or enforcement action, our attorneys can provide representation and guidance throughout the process.

If you believe that your rights under HIPAA have been violated, contact our attorneys today to see how we can help you navigate through the legal process. Keep in mind that the legal process is somewhat different for HIPAA violations compared to standard car accident cases.

What Kind Of Compensation Can I Receive For My HIPAA Lawsuit?

If you file a HIPAA lawsuit and successfully prove that your rights under the Health Insurance Portability and Accountability Act (HIPAA) were violated, you will receive compensation for the damages that you have suffered. The different types of damages you could receive depend on the circumstances of the violation, and how exactly you were injured from the violation. keep in mind that each type of violation results in different damages.

Below are some examples of damages and compensation you could recover if you were to file a HIPAA lawsuit and have had your rights violated:

• Statutory damages: HIPAA provides for statutory damages that can range from $100 to $50,000 per violation, depending on the circumstances of the violation.
• Actual damages: In addition to statutory damages, you could also receive actual damages for any violations of your personal health information. For example, if you have any medical bills or treatments as a result of your injuries from the violation, you could recover those.
• Punitive damages:  In certain cases, punitive damages are awarded if the healthcare provider’s or health care insurance company’s actions were intentional and wanted to bring about a kind of security breach. This is meant to prevent other companies from taking similar measures.
• Attorney’s fees and costs: If you win your HIPAA violation lawsuit, you are able to get compensated for your attorney’s costs.

Remember to note that each type of damage depends on the circumstances of each person’s case. For example, in certain cases, some punitive damages may be awarded compared to other cases. It all depends on the circumstances of the violation, and how responsible the healthcare provider or health insurance company was in making sure that the information was secured and protected.