Privacy & Technology Law
There is an epidemic of cyber security breaches of consumers’ personal information—no doubt about it. At a fast and furious pace, cyber attacks on hospitals, banks, insurers and just about every other American institution are seemingly coming from anywhere and everywhere.
Health systems are the number one target: Unlike a credit card that can be cancelled, when personal health information is stolen, the stolen information is at risk of being used illicitly for the rest of the victim’s life because it contains valuable identifying information (such as social security number, birth date, employment record, family member medical history, genetic information and personal health history).
You don’t know what to do because your private information has been hacked?
We at Mulligan Law can help you if your personal data has been stolen. Our attorneys are leaders in the field—international, award-winning attorneys acknowledged by our peers for scientific papers on protecting consumers’ personal data from cyber-hacking. We teach other lawyers and health care providers both at home and abroad.
There are both federal and California state law remedies, including class actions available to people whose valuable personal data has been stolen. Call us today to find out your rights.
You have rights under both federal and state law to be compensated if you receive notice that your personal information has been hacked by a hospital or institution you trusted to keep your data private.
You deserve to be repaid for the time and money you need to spend to monitor your credit, check your bank statements, and modify your financial accounts to mitigate the imminent harm caused by lax cyber security. Call us today to learn more about your rights!
Confidentiality Of Medical Information Act
CALIFORNIA PRIVACY VIOLATION ATTORNEYS
Medical records contain extremely private and sensitive information. In addition to your medical history they also contain information about your identity – your address, phone number, date of birth and often, your social security number.
With advances in technology across the board, medical facilities and their contractors, are using computers, tablets and smart phones to track and store patient information. And while these technological advances offer wonderful conveniences, they also pose very real threats to the privacy of patients.
WHAT IS THE CMIA?
The CMIA prohibits health care professionals, health care plans and contractors from disclosing medical information without obtaining patient authorization. It also requires medical records to be kept and disposed of in a way that maintains their confidentiality. If the confidentiality of medical records is compromised, the CMIA provides financial compensation for the patient whose information was compromised.
WHAT DOES THAT MEAN?
This means that if the privacy of your medical records is compromised, under the CMIA you are entitled to all money you are out of pocket, because of the loss- or a minimum of at least $1,000 in damages even if you didn’t suffer any adverse effects. You are entitled to recover all of the out of pocket expenses for the time and money you have to spend to protect your finances and your credit, plus attorneys fees.
The simple fact that your privacy has been compromised is enough to justify a claim under the CMIA. Class actions are also available under the CMIA when a data breach affects many patients.
At Mulligan Law we work with individuals whose privacy has been violated as a result of a wide variety of situations including:
- Unauthorized disclosure by a medical provider or other individual who has access to the information
- Unauthorized disclosure as a result of a data breach of unsecured information
- Unauthorized disclosure as a result of failing to properly destroy medical records
CONCERNED ABOUT PAYING FOR AN ATTORNEY?
The CMIA puts such a high importance on personal privacy that the law allows certain affected individuals to recover some of the costs of litigation (filing a lawsuit, working with experts, proving their case) as well as up to $1,000 in attorneys’ fees. In addition, our firm takes many cases on a “contingency” basis. This means that if we accept your case, you won’t have to worry about paying for the cost of our representation.
If your privacy has been violated and your sensitive personal information has been shared without your authorization, you want a knowledgeable and talented legal team to represent your interests. Call us today at (619) 238-8700 to discuss your case or, click here to fill out our short contact form.