Analysis

NJ Ruling Could Spur Patient Suits Over HIPAA Violations

Law360, Los Angeles (July 27, 2017, 1:58 PM EDT) -- A New Jersey appellate court’s decision to greenlight a suit accusing a doctor of unlawfully disclosing a patient’s HIV status could help other patients use invasion of privacy claims to go after providers for alleged violations of the Health Insurance Portability and Accountability Act, which doesn’t allow for private lawsuits, experts say.

The state Appellate Division in a precedential opinion on July 12 kept alive a suit accusing Dr. Arvind Datla of disclosing a patient’s HIV-positive status to another person without consent, affirming a trial court’s finding that a two-year statute of limitations governs claims of invasion of privacy, violation of the...

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