Did a Coworker Snoop on Your Medical Records? Call Our Minneapolis Coworkers Health Record Privacy Lawyer

Health record privacy violations by coworkers are among the most common and most personal types of medical data breaches in Minnesota. Indeed, government research reveals that unauthorized access by healthcare employees who know the patient is a leading cause of privacy complaints. In Minneapolis, Hennepin County and the rest of Minnesota, coworkers health record privacy violations can occur when a fellow healthcare worker, staff in a human resources office, or another individual inappropriately accesses your protected health information. If this happened to you, contact a coworkers health record privacy lawyer to help you hold them and the healthcare provider responsible.

Here at Kuhlman Law, our dedicated coworkers health record privacy lawyer Christopher Kuhlman has experience handling cases where coworkers abused their access to snoop on another’s medical records. Chris knows how devastating it feels to learn that someone you work with has been secretly reading your most private health information. Whether your coworker looked up your records out of curiosity, gossip or malice, you may have a claim under the Minnesota Health Records Act. Call us today for a free consultation.

Understanding Coworker Health Record Privacy Violations

A coworker health record privacy violation happens when someone who works with you at a job uses their access to electronic medical records systems to look up your protected health information without a legitimate treatment-related reason. Under the Health Insurance Portability and Accountability Act (HIPAA) and the MHRA, healthcare workers may only access patient records when they have a direct role in that patient’s care. Other coworkers in nonhealthcare jobs who do not need to know your healthcare information should also not be accessing those records unless it is for a work function or duty, such as processing a workers’ compensation form or a reasonable accommodations request. Accessing records for personal reasons is never permitted.

Who Could be Liable Under MHRA for a Coworker’s MHRA Violation

MHRA applies to healthcare providers which is defined as doctors, nurses, clinics, nonprofits, nursing homes, home health aides, hospitals, practice groups, chiropractors, acupuncturists, massage therapists, physical therapists, clinics, and other related entities. A healthcare coworker in any of these specialties or entities who inappropriately accesses your healthcare records could be liable under MHRA.

Common Scenarios Involving Coworker Privacy Breaches

Coworker health record snooping takes many forms, and they do not just occur in the healthcare field. Some common situations where our Minnesota health record privacy violation lawyer may be able to help you pursue a claim of a coworker inappropriate accessing your healthcare records (and creating liability for your employer or the healthcare entity that gives access) include the following:

• Staff at your hospital looks up your medical records after hearing you called in sick to learn the real reason
• Someone looks up your reasonable accommodation requests and supporting information and asks a healthcare provider for information and gets it
• Coworker accesses your FMLA request and the supporting paperwork through a healthcare provider’s portal
• Medical records staff accesses your files after hearing gossip about a personal situation such as a pregnancy or mental health diagnosis
• Your workers’ compensation claim, medical records and outcome are accessed by someone who should never review these claims, including using patient portals to get information directly from your provider
• Workers at an insurance company look up your claims history out of curiosity, including personal injury claims, by accessing your health records
• A billing specialist at your clinic shares your diagnosis or prescription information with other coworkers
• A former coworker who still has active login credentials accesses your records after leaving the facility
• A coworker accesses your records on behalf of someone else, such as your ex-spouse or a mutual friend, and
• Any other situation where your health records were accessed by someone who should not have done so and you need an experienced Minneapolis coworkers health record privacy lawyer to help you.

Information That Could be Improperly Accessed

There are many different things that a coworker could improperly access in your healthcare records. Although all medical records are private and should be protected, some information can be particularly alarming, embarrassing and sensitive to an individual. These include some of the following healthcare records that can be improperly accessed by a coworker:

• Mental health records
• Substance abuse records for drug treatment or alcohol treatment
• Pregnancy results and records
• Abortion records
• Suicide attempts and treatment
• Sexually transmitted diseases or infections (STDs/STIs)
• HIV/AIDs status
• Cancer treatment, and
• Other types of medical treatment that individuals expect the strictest level of privacy for due to the sensitive nature of the protected health information.

Your Rights Under the Minnesota Health Records Act After a Coworker Breach

The Minnesota Health Records Act gives victims of coworker-related health record breaches a private right of action against the responsible parties. This means you can sue for compensatory damages, including emotional distress, damage to your reputation, lost wages, and any financial losses resulting from the breach. In certain situations, you may also recover your attorney fees and court costs, making it more affordable to pursue your claim.

Importantly, both the coworker who accessed your records and the healthcare facility that employed them may be liable for the violation. Healthcare employers in Minnesota have an obligation to implement safeguards, train employees on privacy rules, and audit access to medical records. When they fail to prevent unauthorized access by their staff, our Minneapolis coworkers health record privacy lawyer can pursue claims against both the individual and the facility.

Damages You May Recover After a Coworker Accesses Your Health Records

If a coworker has illegally accessed your medical records in Minnesota, you may be entitled to recover several categories of damages depending on the circumstances of your case. These damages may include the following:

• Compensatory damages, such as lost wages, ID theft protection, and other losses associated with the breach
• Costs to deal with the emotional fallout of the privacy violation
• Attorney fees and court costs in certain MHRA cases
• Other out-of-pocket expenses related to the breach and its aftermath that our Minneapolis coworker health record privacy lawyer could recover for you and your family in Minnesota.

What to Do If You Suspect a Coworker Accessed Your Records

If you suspect that a coworker has snooped on your medical records, do not confront them directly. Instead, document any evidence that suggests they have knowledge of your private health information. Write down any comments they made, when they made them, and who else was present. Then contact a coworkers health record privacy lawyer like Christopher Kuhlman immediately.

Chris can help you request an accounting of disclosures from your healthcare provider to determine exactly who accessed your records and when. Most hospitals and clinics maintain detailed audit logs of every time an employee opens a patient’s chart. This electronic trail is often the strongest evidence in a coworker snooping case. Contact our team today to discuss your options.

Contact Our Minneapolis Coworkers Health Record Privacy Lawyer at Kuhlman Law Today to Schedule a Free Consultation

Having a coworker illegally access your medical records is a serious violation of your privacy rights under Minnesota law. At Kuhlman Law, our coworkers health record privacy lawyer Christopher Kuhlman is committed to holding both the snooping coworker and their employer accountable for violating your rights. Chris offers free consultations and handles cases on a basis where you pay no out-of-pocket fees to get started.

If you are a Minneapolis or Minnesota resident whose health records were improperly accessed by a coworker, call us at (612) 444-3374 or fill out our online contact form to schedule a free, confidential consultation with our health record privacy lawyer today.