Question
Imagine the following fictitious lawsuit: Davis v. XYZ Clinic. In this case, Ms. Davis, a well-known member of the community, brought a lawsuit against a
Imagine the following fictitious lawsuit: Davis v. XYZ Clinic. In this case, Ms. Davis, a well-known member of the community, brought a lawsuit against a medical group and a medical assistant for invasion of privacy and emotional distress. The medical assistant improperly accessed Ms. Davis's confidential medical information (including the fact that she was on anti-depressants because her husband was having an affair and as a result, she contemplated suicide) with unauthorized individuals, including friends, family, and coworkers at a restaurant that she worked at in addition to her job at the clinic. Ms. Davis then went to lunch at that restaurant, which she ate at frequently, and overheard staff discussing her emotional state. As a result, Ms. Davis experienced humiliation, embarrassment, and emotional distress. The lawsuit claimed that the medical assistant breached patient confidentiality and violated Ms. Davis's rights to privacy, leading to emotional harm and damage.
Write about this scenario. Did the Medical Assistant violate HIPAA? If so, how? How could this have been avoided? If family were on the jury for this case, would they find the MA guilty or not guilty, and what damages would be reasonable? What should the clinic itself needs to do about the situation and to avoid this in the future?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started