Can You Sue a Hospital for Data Breaches?

Healthcare data breaches are on the rise and have a detrimental impact on the care quality of thousands of Americans. This problem may have you wondering, “Can you sue a hospital for data breaches?”

When cybercriminals expose your sensitive medical information, it’s not just your privacy at risk — these HIPAA violations can also affect your financial security and peace of mind.

This article will help you understand your legal rights after a data breach and offer practical steps to safeguard medical data.

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Understanding Your Legal Rights After a Hospital Data Breach

Is taking legal action against your healthcare provider for a data breach possible?

Strict HIPAA regulations require hospitals to protect your personal and medical information during storage and use. You may be able to pursue legal compensation if your physician or record custodian exposes your health information to a third party without consent.

There are several circumstances under which you can sue a hospital for data breaches:

Negligence

If a hospital does not implement reasonable security measures to protect your data, this problem could indicate negligence on their part.

Suppose a healthcare provider transferred or stored your sensitive health information in unencrypted cloud services (Google Drive, Dropbox, iCloud). In this case, you may have grounds to sue if an unauthorized user accesses and compromises your data.

Failure To Follow HIPAA Regulations

HIPAA rules can be complex and difficult to keep up with as expectations around healthcare security evolve. Still, you can file a lawsuit against your provider if they do not adhere to these guidelines closely — such as failing to notify you of a breach.

Hospitals and small practices all have a legal obligation to update their security policies and maintain legal compliance during every interaction. If your provider ignores their obligation, you may be able to file a class action against them with other patients who might have similar grievances.

Inadequate Data Protection Measures

Hospitals must use the latest technology and protocols to secure your data under HIPAA’s Security Rule. If outdated software or weak security systems cause a breach, they can face liability for failing to protect your information.

An attorney can investigate this problem if you suspect an information-blocking violation or data breach. Inadequate software and technology are easy to identify.

What Are the HIPAA Penalties for Data Breaches?

A hospital can face additional penalties if they violate HIPAA regulations. Some of these penalties include:

Fines from $100 to $2M per violation based on the severity of the violation
Criminal charges for those who knowingly access or share your information without permission
Civil lawsuits if you can prove the breach caused harm, like financial loss or emotional distress

Consult with a legal professional to explore your options for compensation if you believe a hospital compromised your personal information.

What Do You Need To Prove in Court?

You may have discovered that a recent HIPAA violation compromised the integrity of your health information — but can you sue a hospital for data breaches without sufficient evidence? Almost certainly not.

If you’re considering seeking compensation for a hospital data breach, there are specific variables you must be able to prove for a desired settlement. Simply experiencing a data breach isn’t enough to win a lawsuit — you need to demonstrate that the hospital was responsible for the violation and that it caused you measurable harm.

Here are the key items you’ll need to prove in court:

The Expectations of Care

First, you’ll need to show that the hospital committed to protecting your medical information. This duty forms the foundation of your lawsuit and establishes that the hospital was responsible for keeping your information secure. Documents that might provide evidence of this duty include:

Written contracts consenting to care
Email communications
Voicemails or text messages from your doctor
Timestamps of care
Timestamps of record use

The Hospital Breached Its Duty

Next, you must prove that the hospital failed to meet its obligations under HIPAA or other data protection laws. This investigation could uncover failures to implement adequate security measures, using outdated software, or failing to notify you of the breach on time.

Answer questions like, “Is there evidence to suggest that a healthcare provider ignored or misled me during record requests?” or “Does the actions of my physician go against company or state policies?”

The Data Breach Caused You Harm

Demonstrating that the breach led to tangible harm is essential. Harm could include financial losses from identity theft, fraudulent charges on your accounts, or emotional distress due to the exposure of your private information.

Damages Resulted From the Breach

You should work with an attorney or financial advisor to calculate the total cost of damage received by a data breach. This approach may require gathering receipts, billing invoices from mental health services, and other documents proving financial loss.

Creating an accurate summary of your losses will give you leverage during a settlement or trial.