Civil Rights Attorneys for Disclosure of HIV Status Lawsuits in Kansas City
According to recent estimates, over 1 million Americans are infected with the HIV virus. For many of those infected, the fear of social stigma, discrimination and harassment is a fact of life. When individuals and organizations unlawfully disclose the HIV status of others, it is a civil rights violation.
At Holman Schiavone, LLC, we stand up for the rights of people who have been harmed due to the unlawful disclosure of HIV status. We understand the sensitive nature of these cases and the importance of your confidentiality. We will do everything we can to help you maintain your privacy and obtain legal and financial relief for your injuries.
Has your HIV status been unlawfully disclosed? Please call us today at 816-399-5149 to speak with an experienced Kansas City civil rights lawyer.
Laws That Prohibit Nonconsensual Disclosure of HIV Status
Under both state and federal law, you have important privacy rights with regard to your medical records, including your HIV status. The Health Insurance Portability and Accountability Act (HIPAA) provides federal protection for personal health information. Under HIPAA, it is unlawful for health care providers, health plans and health care clearinghouses to disclose your HIV status or other health information without your explicit consent. There are very limited exceptions, such as reporting to public health authorities. Both Kansas and Missouri also have privacy laws that prevent the disclosure of HIV-related information without the patient’s consent.
Common Unlawful Disclosure Scenarios
Unlawful disclosure of HIV status can occur in various contexts. Some common scenarios include:
- Mishandling of medical records – such as improper sharing of electronic medical records containing HIV status, accidental disclosure due to oversights or patient mix-ups, and data leaks due to lack of proper security measures
- Workplace disclosure – where an employer unlawfully accesses an employee’s HIV status, or HIV-related information gets unlawfully disclosed during workplace medical assessments
- Social and public settings – for example, disclosure of HIV status by healthcare providers or acquaintances in social settings without consent, or unauthorized sharing of HIV status on social media platforms or through other forms of public communication.
- Legal and judicial settings – such as improper disclosure during legal proceedings where HIV status is not directly relevant or unauthorized release of HIV-related information by law enforcement or other governmental agencies
Any unlawful disclosure scenario can cause discrimination, stigmatization and other adverse impacts.
Has Your Privacy Been Breached?
As noted above, state and federal HIV confidentiality laws protect individuals from having their HIV status disclosed by medical providers, employers and other individuals. The unlawful disclosure of HIV status can have a number of adverse effects. Those who have had their privacy breached may be fearful of social stigma, harassment and discrimination.
We are attorneys who stand up for the rights of individuals throughout Missouri and Kansas who have suffered civil rights violations. We understand the impact the unlawful disclosure of HIV status can have on every aspect of your life. If you feel your privacy has been breached in regard to HIV or AIDS disclosure, we are here to help you explore your legal options.
Schedule a Free Initial Consultation With an Attorney at Our Firm
If you are a victim of the unlawful disclosure of HIV status, we are on your side. Call us at 816-399-5149 or email us to speak with an experienced Kansas City lawyer.