Like other areas in the U.S.'s increasingly tattered “rule of law,” HIPAA violations claims are going to be most successfully prosecuted if the claimant has a good attorney and the money to pay him/her. Remember, any claim would have to face both the medical practioner’s own malpractice-insurance-provided attorney plus any additional legal representation the accused [and if a doctor, probably in a better financial position than the claimant] can engage in his/her defense.
I’m not saying HIPAA can’t be used as both a pre-harm guardrail as well as a post-harm leverage. I am saying that a lot of us American regular folks may not be in a position to pursue justice in this way.
And certainly there is no “undo” once the harm–the breach of one’s theoretically private data like Social Security numbers etc.–has been done.
https://www.medprodisposal.com/20-catastrophic-hipaa-violation-cases-to-open-your-eyes
