When you provide personal information to a business, you have the reasonable expectation that the information will be protected. When the business fails to do so, you may have a claim based on a number of issues related to fiduciary responsibility including but not limited to:
Generally, a HIPAA violation triggers an investigation and lawsuits follow. While you typically can’t sue simply based on the fact that a HIPAA violation occurred, it’s more likely that the offending business, doctor’s office, hospital, etc. is guilty of not only negligence, but also related breaches. That’s why they may face legal liability based on they’re fiduciary responsibility.
Our firm is currently investigating a situation wherein a Kentucky doctor’s office released the names, addresses, phone numbers and surgical information for over 1,500 people. The comprehensive list was attached to an email that went to each of the individuals on the list.
When specific information about you, where you live and how you can be contacted is exposed, you are at a much higher risk for identity theft, malicious behavior, and potentially stalking or worse.
You have a right to privacy. This is especially important when it involves your personal information. Hardly a month goes by that you don’t hear about a security breach exposing personal information. The instances of identity theft have soared over the past several years.
Negligence when dealing with sensitive information can cause sever harm to you and your family members. Businesses and healthcare facilities have special fiduciary responsibilities when it comes to protecting your privacy. If they fail to do so, the must be held accountable.
There are many types of actions that can lead to violations of fiduciary responsibility. The unauthorized release of your private, personal information is a serious matter. In this day and age, we can no longer sit back and assume that nothing will happen. The explosive growth of the identity theft protection industry is a prime example of how important protecting information about you has become. Not only do medical providers have to take affirmative steps to prevent a breach or improper disclosure, they must also act proactively when a breach occurs.
If this has happened to you, you should take action to protect yourself and ensure that businesses don’t go unpunished. You’re now at risk of having to spend months and large sums of money to protect your credit, your safety and your reputation. Someone should be held accountable for violating a fiduciary responsibility.
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