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Can I Sue A Surgical Resident For Accessing My Medical Records Without My Consent/against My Will In Nyc?

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For context, I (27F) am estranged from my father and his girlfriend after nearly 5 years of their combined abuse towards me, and a lifetime of abuse from my father. I recently had bowel resection due to complications from crohn’s disease at a highly reputable hospital in NYC, which I have been under their care for 5 years. My GI and surgeon are both in this practice.

When my father found out through a family member that I was undergoing the procedure, he told his girlfriend whose daughter is a surgical resident at the same institution. She then went and accessed my records, against my will/without consent to report the status of my procedure to my dad and his girlfriend.

I know this is a hipaa violation and I feel extremely violated it’s a complete invasion of privacy, considering I have never spoken to the daughter, do not know her, do not have a relationship with my father or his girlfriend. I mean what if I had highly sensitive information does that mean she gets to just report back on whatever is on my chart bc her mom told her to?

I want to take the best course of action. I’m seeing my surgeon on tuesday who I plan to inform to find out what I can do. I don’t have physical proof, but rather my aunt informed me of this as she was still in contact with my father at the time that he went this route to get my medical information and informed my aunt that he did so.

I’m sure the hospital can access to see if she pulled my chart up to confirm - I’m also planning to report it as a hipaa complaint, inform the institution specifically but I was also curious if I can sue? It’s a total abuse of power and I’m uncomfortable proceeding with care at this institution knowing my dad/his girlfriend can spy on me whenever he wants through her daughter.

submitted by /u/kiki6013
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