There is no more private information than the data you entrust with your doctor. All of your identifying information, as well as highly intimate details such as your pains, injuries, behaviors, and fears. Medical data also frequently involves internal imagery of your body meant for diagnostic use only. A breach of privacy in this realm can have severe financial, physical, and mental consequences on those impacted.
Medical offices like hospitals, clinics, and even health apps should be secure. Doctors and medical personnel have a higher duty of care to patients than businesses do to customers, due to the life-and-death importance of healthcare.
At The Lyon Firm, we have an extensive history of success in holding companies accountable for data breaches, from banking institutions to retail companies. Founding attorney Joe Lyon has personally helped secure $12.5 million in payouts and protections for a data breach class action involving medical patients. We can help you as well.
If your information has been compromised due to a hospital data breach, a healthcare data privacy attorney can help you. Read on for information related to medical data privacy lawsuits, and contact our Cincinnati offices directly at (513) 381-2333 for specific information. You have rights surrounding your own private information, and filing a lawsuit to assert those rights can help heal the damage a data breach has caused.
Data privacy lawsuits often cover monetary matters like the loss of funds or the time spent freezing accounts, reporting thefts, and monitoring your credit reports. For medical data leaks, a hospital data breach attorney can help your recover for:
Your settlement result or verdict will reflect your unique circumstances and losses. You need an attorney who can investigate, verify, and effectively present these losses in negotiations or at trial. Joe Lyon of The Lyon Firm has the negotiating table and courtroom experience you deserve to ensure you take home the maximum amount you’re entitled to receive.
The information that may be leaked by hospitals, clinics, doctor’s offices, or other healthcare-related data storage includes:
This information in nefarious hands can lead to ID theft and fraud done in your name. It could mean your money is siphoned out of your accounts or debts are charged to your credit cards. Medical data could also be used to embarrass or blackmail individuals.
Breached medical history data could also result in insurance denials for future treatment. This is because insurance companies may look for or purchase information showing pre-existing conditions or forms of self-endangerment like a history of addiction in order to deny coverage.
Protecting patient privacy is a crucial part of medical ethics. If you cannot trust your honest medical history with your healthcare provider for fear that it may be stolen, leaked, or used against you, that directly harms your ability to be fully and holistically treated. A healthcare data breach is far more dangerous than exclusively financial privacy hacks — compromised medical data could be a matter of life and death. Contact The Lyon Firm at (513) 381-2333 to explore your legal options.
Here is some of the information your lawyer may need in order to file a hospital or healthcare data breach lawsuit. This information is not your responsibility — your attorney can legally demand (subpoena) the necessary information, or hire a qualified digital investigator on your behalf.
That being said, proof in a healthcare data breach case may involve:
This is information you likely do not have easy access to, and so it is your lawyer’s job to obtain and document all of the above. Scroll down to the FAQs on this page for more information on what you can personally do to protect your data right away.
The U.S. Department of Health and Human Services (HHS) has issued a warning to covered entities that they might be sharing protected health information (PHI) with third-party tracking vendors like Google and Facebook.
These vendors use pixel technology to gather and analyze information about the user’s online activity. However, such sharing may violate the Health Insurance Portability and Accountability Act (HIPAA). The HHR warns that regulated healthcare covered entities cannot use such technologies in ways that would result in violations of HIPAA or PHI disclosure rules.
Unauthorized PHI disclosures can reveal highly sensitive information about a patient, including:
Such disclosures can then also lead to:
The warning comes in the wake of several breaches that affected nearly 6.5 million patients from different providers, including Advocate Aurora Health, Novant Health, Community Health Network, and WakeMed Health and Hospitals. These breaches were all connected with the providers applying pixel tracking tools to various aspects of their websites and patient portals.
Click here to read the HHS’ full updated guidelines on the use of tracking technology and HIPAA disclosures.
The HHS’ statement contains full details, including which disclosures are impermissible and what regulated entities should do to protect PHI when using pixel tracking technology. Under HIPAA requirements, all PHI disclosures to outside vendors without patient consent require the vendor to have a signed business association agreement (BAA) in place.
If you believe your protected health information has been compromised or shared inappropriately, contact a lawyer to determine what your next steps are.
After a data breach, it is vital that you’re able to stop the flow of information, clear your accounts from fraudulent activity, and protect your identity for future financial and healthcare needs. Pursuing legal action against the company that compromised your data can help fund the remedies you need, and incentivize better privacy practices for you and other patients.
At The Lyon Firm, founding attorney Joe Lyon has served as lead counsel on multiple data breach cases, with one case result securing over $12.5 million in payouts and protections for a data breach class action involving 141,149 medical patients.
Your decision to hold a hospital, clinic, or healthcare facility accountable for a data breach can secure personal justice for you, your family, and your reputation. It can also be a form of community service, potentially beginning a class action lawsuit that can help hundreds of thousands across the country.
Contact The Lyon Firm online or by calling (513) 381-2333 for a free, fully confidential, no-obligation consultation. We can help protect your rights to privacy and pursue the justice you need to secure your identity going forward.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Without data breach class actions, large corporate defendants would be able to cause small amounts of harm over a large group of individuals without any risk of monetary penalty.
Holding companies accountable for poor cybersecurity and data theft incidents helps ensure that consumers are better protected in the future.
If you become aware of or suspect a healthcare-related data breach, you can report it to the hospital, clinic, or healthcare provider first. They may be able to stop the leak quickly and prevent ongoing harm. You can also submit a notice using the Department of Health and Human Services (HHS) breach reporting form.
These are general reporting mechanisms. Other actions you can take to personally protect your privacy include locking up your personal financial accounts (see the following FAQ for details). Contact a lawyer for more proactive options.
Experian, Equifax, and TransUnion are the three credit monitoring in the United States. Call, create an account, or log in with each one to place a freeze on your accounts. This helps prevent new lines of credit from being opened in your name. When you need to open new lines of credit such as a home loan or new credit card, you can temporarily unfreeze these accounts with the PIN they provide.
If your personal medical information has been compromised, you should also notify your banks and your health insurance provider so that they have a record of the danger. This helps the companies to properly monitor your account for unusual activity.
Medical identity theft is a specific form of fraud that steals your identity to obtain treatment or make health insurance reimbursement claims. These acts can harm you financially, bring criminal accusations, and distort your medical history. An inaccurate medical history attached to your identity could potentially endanger your life in an emergency. A negotiated settlement or court-ordered verdict could include legal remedies to clean up your records.
There are many deadlines associated with data breach legal actions. For example, by law in Ohio where The Lyon Firm is headquartered, you must be notified that your information has been compromised within 45 days of the breach. This is likely when the clock begins ticking for you to respond legally.
For cases that involve large numbers of affected individuals, class action lawsuits have their own timelines regarding when you must join the suit. You may also waive your right to collective compensation so you can file an individual lawsuit. This may be your best option if your case involves extensive losses that need to be addressed separately.
The decision to file collectively or individually should be made in consultation with a healthcare data breach attorney. Contact The Lyon Firm online or by calling (513) 381-2333 for a free consultation regarding your options.
Following a data breach incident, victims should consider talking to a legal expert, and move quickly to take the following steps to help prevent identity theft and fraud:
We work with law firms across the country to provide the most resources possible and to build your case into a valuable settlement.
Invasion of privacy law has been established to protect consumers and citizens of the United States. When companies are negligent and fail to protect consumer information, which can be used in malicious ways, victims can contact a class action attorney to represent them in class action data breach lawsuits. A number of privacy breach and data breach claims have been settled by The Lyon Firm and other consumer protection lawyers around the country.
Consumers have rights in the USA, and when companies do not provide a service they have promised, or hold up their end of a bargain, legal action may be necessary. Consumer protection attorneys work on your behalf to hold companies responsible for providing a fair and safe service.
The Lyon Firm has worked with law firms nationwide in consumer class actions involving deceptive marketing, false advertising, food mislabeling and misleading marketing claims.
TCPA lawsuits have become one of the most common kinds of legal claims. The TCPA Act provides privacy protection for consumers by restricting how companies and organizations can contact you by telephone. Robocall harassment and unfair debt collection has been a serious issue that has required lawsuits in order to keep telemarketing companies at bay.
If you have experienced telephone harassment by a bank, real estate company, hotel, political campaign or anyone else, you may have TCPA claim. The Lyon Firm works diligently to seek compensation for those harassed at their home or work.
Class action wage and hour lawsuits are always ongoing, as some employers fail to treat employees properly, and attempt to cut workers out of earned wages. Wage theft lawsuits can be valuable for a class of plaintiffs who believes their employer has cheated them out of overtime pay and other earned wages.
There have been several wage theft lawsuits and settlements that have compensated employees for the wages they have earned, as well as damages for emotional distress and punitive damages when an employer is negligent in treating workers in accordance to Ohio labor law.