Wednesday, July 13, 2016

HIPPA Violations

There is no private right of action for violation of HIPPA which deals with health care records.  However, this can give rise to certain state law claims.  Found the following quote which is of interest and may be helpful in other contexts. 

“One only needed to consider the treatment of federal violations generally in garden variety state tort law ‘the violation of federal statute and regulations is commonly given negligence per se effect in state tort proceedings.” Restatement (Thread) of Torts (proposed final draft) § 14, comment a) See also W. Keeton, D. Dobbs, R. Keeton, & D. Owen, Prosser and Keeton on Torts, § 36, p. 221, n. 9 (5th ed. 1984) (“[T]he breach of a federal statute may support a negligence per se claim as a matter of state law” (collecting authority)).

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