Court: Patients can't file federal privacy suits against doctors

Physicians still can get sued in state court. The plaintiff attorney says that's not enough.

By Amy Lynn Sorrel, AMNews staff. Dec. 25, 2006.

The first federal appeals court decision to affirm that patients cannot sue under HIPAA offers some relief for physicians. But with patients still able to bring privacy claims in state court, the ruling does little to alleviate doctors' concerns about the possibility of lawsuits for confidentiality breaches.

The 5th U.S. Circuit Court of Appeals in November concluded that, because Congress delegated HIPAA enforcement to the Dept. of Health and Human Services, lawmakers did not intend to create a private right for individuals to sue for privacy violations.

The patient in the case at hand sued her doctor, alleging that he broke federal privacy law when he disclosed her medical information in a deposition without her consent.

"HIPAA has no express provision creating a private cause of action," the opinion states. "Instead, it focuses on regulating persons that have access to individually identifiable medical information and who conduct certain electronic health care transactions."

The ruling was the first by a federal appeals court. It upheld similar decisions by nine lower courts, judges said. They noted, however, that the patient was free to pursue her claim in state court.

"It's a good thing for physicians whenever they can be assured that the courts are going to interpret federal law consistently," said Lee A. Spangler, assistant general counsel to the Texas Medical Assn. Texas falls within the 5th Circuit's jurisdiction. But the ruling does not mean that doctors are in the clear, Spangler said.