Articles for Medical Malpractice

Improper Disclosure of Health Information

If you have heard of HIPAA, you might be familiar with the federal law requirement that personal health information be protected from public disclosure.

And too, you may be familiar with stories in the news about people’s private health information being revealed without their permission.

How does personal, private health information get disclosed without the permission of the patient? Typically, it happens because there has been some sort of breach of a hospital’s privacy and security system.

While HIPAA itself does not provide a private cause of action for a medical provider’s breach of a patient’s right to have their medical records confidentially preserved, many state laws provide an avenue for patients harmed by a breach to recover damages.

Is privacy cases, it is oftentimes essential to tie the security breach to a systemic failure on the part of the medical provider to maintain a patient’s security. A “rogue employee” who improperly releases a patient’s private health information will oftentimes allow the employer of the “rogue employee” to escape liability unless the employer can be shown to have inadequate systems in place to prevent a breach of patient security.

In many of these cases, the private sexual history of a patient is disclosed, causing the patient to suffer embarrassment, humiliation, and ridicule.

At Rob King and Associates, Trial Lawyers, we have experience in representing people whose private health information has been wrongfully disclosed. We have successfully fought for these patients and already to bring our experience to bear for you! If you have had your private health information and properly disclosed, call me, Rob King, at (317) 916-0000 today to discuss your case!

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Has your case been rejected by another lawyer? Still wonder if you have one?

I am often fond of telling a story regarding a former client whose case had been rejected by two other lawyers.

Each lawyer had looked at the case and told the client that there was nothing that could be done.

The client, on a lark, stopped by my office. I looked over his paperwork. It was a car accident case of disputed liability and both prior lawyers had thought that the dispute over liability would prevent any recovery for my client’s bodily injuries.

He had been hurt bad. He had been hospitalized over 30 days after having been struck by a semi truck while crossing the street. He had many broken bones. The accident report said it was his fault; that the client had walked right into the path of the semi truck.

I studied the accident report a little bit further. I determined that some issues existed which my tended to show that the truck driver actually was responsible for injuring the client.

So, I agreed to take the case for the client. I put together a packet detailing my findings and assembled a brochure detailing my clients injuries and sent it into the insurance company. And you know what? The insurance company agreed with my assessment and ended up paying its full policy limits!

What’s The Lesson Here?

If a lawyer has turned down your case down, don’t give up: call my office today at (317) 916-0000! You may still have a case and there may be still be time left!

congress-attempting-limits-on-damages-for-pain-and-suffering

Warning
Congress attempting to limit your rights to obtain damages for pain and suffering in medical malpractice cases!

Why Does It Matters to You?

Right now, there is a bill being considered in Congress which would cap non-economic damages in medical malpractice cases.  Non-economic damages are compensatory monies that the law allocates for pain and suffering, loss of love and affection, and other things that cannot be easily quantified.

Why should you care?  Because if, unfortunately, you are that victim of medical malpractice in Indianapolis, Indiana, or anywhere in the US, and you face a future of life-long pain, the most that you may be compensated for your life filled with pain is $250,000!!  Talk about unfair!

In addition to this bill being unfair, it is also anti-democratic.

Why does the passage of an anti-democratic bill matter to you:

  • Because anti-democratic efforts make us less free, erode our rights, and take power out of the hands of citizens and residents of our great city of Indianapolis and the entire US.
  • The ability to have a jury of one’s peers evaluate a case in a trial, and determine the proper measure of justice, is enshrined in our federal and state constitutions.

And yet, it seems year after year efforts are undertaken to chip away at our democratic institutions.

What can we do about it?

Contact us (and your Congressman) before it’s too late!

You can count on Rob King & Associates to protect your constitutionally given rights, like the right to have a jury determine the full nature and extent of your damages.

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The Value of an Experienced Personal Injury Lawyer

Oftentimes, potential personal injury victims contact me and ask whether or not they need an attorney. And, my answer is always the same: yes!

The reason is simple: an experienced personal injury lawyer knows the various categories of damages which, under law, and injured person may qualify to receive. Typically, the injured person, unless he or she is an attorney, does not know the categories of damages. Thus, when the injured person attempts to settle his or her own claim with the insurance company, the playing field is not level because the insurance company does know with the categories of damages are, but the injured person typically doesn’t.

Also, a lawyer knows the monetary value of cases, just like the insurance companies do. If you don’t know the value of a gold coin, how can you know what to sell it for? An experienced personal injury lawyer knows the value of a golden coin!

For these reasons, an attorney experienced in personal-injury cases, rather than detracting from the value of the case, because of his attorney fee, can actually enhance or increase the value of the case.

If nothing else, call an experienced personal injury attorney at Rob King and associates trial lawyers in Indianapolis for a free consultation and find out what you may be missing with regards to a free evaluation of your case!