What to do when your patient rights are violated?

When your patient rights are violated, you should report the incident to the facility's internal patient advocate, file a complaint with state or federal agencies, or seek legal counsel depending on the severity.

Immediate Internal Steps

• Speak with the staff: Calmly talk to the nurse manager, attending physician, or department head to address the issue directly.
• Contact a patient advocate: Ask to speak with a Hospital Patient Advocate or ombudsman who works inside the facility to resolve patient complaints.
• Save documentation: Keep copies of medical bills, discharge papers, written communication, and notes with dates, times, and names of staff involved.

File External Complaints

• Civil Rights or Privacy Violations: If you experienced discrimination or a HIPAA privacy breach, file a report through the HHS Office for Civil Rights Complaint Portal within 180 days.
• Billing and Surprise Bills: If a provider or insurance company fails to follow surprise billing rules, call the No Surprises Help Desk at 1-800-985-3059.
• Facility Safety or Quality: Report unsafe conditions, neglect, or substandard care to your state’s department of health or licensing board.
• Accredited Facilities: File a safety event or concern with The Joint Commission online or by calling 1-800-994-6610.

Legal Options

• Consult an attorney: Speak with a medical malpractice or injury lawyer if the violation caused severe physical injury, long-term disability, or significant financial loss.

A patient rights violation occurs when a healthcare provider, facility, or insurer fails to honor a legally or institutionally guaranteed entitlement belonging to a patient.

According to the National Patient Rights Authority, these violations generally fall into several key categories:

Privacy and Confidentiality Violations

• Unauthorized access, viewing, or snooping on patient medical records.
• Disclosing private health information to third parties without explicit permission (breaching standards like HIPAA).
• Taking or sharing photos or videos of a patient without consent.

Lack of Informed Consent

• Performing a procedure or administering treatment without fully explaining the risks, benefits, and alternatives.
• Coercing or forcing a patient into accepting a specific medical treatment or intervention.
• Asking for consent while the patient's judgment is heavily impaired or without proper translation services.

Abuse and Neglect

• Subjecting patients to physical, verbal, emotional, or sexual abuse.
• Using unnecessary or overly aggressive physical or chemical restraints.
• Neglecting basic needs, such as withholding food, water, necessary medication, or delaying essential hygiene care.

Discrimination and Autonomy Breaches

• Denying treatment or providing substandard care based on race, religion, national origin, disability, or payment source.
• Ignoring a patient's legal right to refuse a recommended medical intervention.
• Failing to accommodate religious or cultural beliefs when safe and feasible to do so.

You cannot directly sue a healthcare provider or organization under federal law for a HIPAA violation, because HIPAA does not provide a "private right of action" for individuals.

However, opinions on Reddit and Avvo are mixed regarding practical paths forward, as users and legal experts note that you may still pursue compensation through state-level legal claims or file a federal complaint.

Alternative Legal Options Under State Law

While you cannot file a lawsuit under HIPAA itself, a HIPAA breach can often serve as evidence in a lawsuit filed under state laws. Common state-level claims include:

• Negligence: Proving the provider failed to use reasonable care to protect your data.
• Invasion of Privacy: Claiming intrusion upon seclusion or public disclosure of private facts.
• Breach of Contract or Confidentiality: Arguing that the provider broke a legal or contractual duty to keep your medical data secure.
• Requirements to win: You typically must prove you suffered actual, tangible harm—such as financial loss, identity theft, or severe emotional distress.

Filing a Federal Complaint

If you want to report the violation and hold the organization accountable through the government, you can file an official report:

• Where to file: Submit a report to the U.S. HHS Office for Civil Rights (OCR).
• Time limit: You must generally file your complaint within 180 days of discovering the violation.
• Outcome: OCR investigations do not award financial compensation to individuals. Instead, they result in corrective action plans, policy changes, or financial penalties paid to the government.

The 10 most common HIPAA violations involve mishandling protected health information (PHI) through employee error, weak security, or administrative oversight.

Top 10 Most Common Violations

• Employee Snooping: Accessing patient files, family records, or coworker charts without a direct, professional need to know.
• Lost or Stolen Devices: Leaving unencrypted laptops, smartphones, tablets, or USB drives where they can be stolen or accessed by outsiders.
• Failure to Conduct Risk Analyses: Neglecting regular, organization-wide checkups to find and fix security gaps.
• Improper Disposal of Records: Tossing paper charts in regular trash or failing to securely wipe old hard drives.
• Weak Passwords and Access Controls: Using simple passwords or giving too many staff members broad, unmonitored access to electronic records (ePHI).
• Unauthorized Texting or Emailing: Sending patient details over regular, unsecured text messages or standard email instead of encrypted platforms.
• Missing Business Associate Agreements (BAAs): Failing to sign legal BAA contracts with outside vendors and cloud providers who handle patient data.
• Delayed Breach Notifications: Missing the legal deadline to notify patients, the government, and the media within 60 days of discovering a data breach.
• Inadequate Employee Training: Not providing regular, documented privacy and security awareness education for staff.
• Denying or Delaying Patient Access: Taking longer than allowed (or refusing outright) to give patients copies of their own medical records.

The right to privacy and confidentiality of health information—specifically involving data security and unauthorized record access—is statistically cited as the most frequently violated patient right.

Most Common Violations

• Employee Snooping: Accessing electronic or physical medical records without a legitimate clinical or professional need.
• Improper Communication: Using unencrypted personal devices, text messages, or standard emails to discuss protected health information.
• Information Access Barriers: Failing to provide patients prompt access to their own medical records or overcharging for copies.
• Informed Consent Failures: Not fully disclosing treatment risks, alternatives, or benefits before a procedure.
• Dignity and Respect Infringements: Experiencing substandard care, neglect, or verbal disrespect, frequently reported in understaffed long-term care facilities.

You can review official guidelines and file grievances through the U.S. Department of Health and Human Services OCR if you suspect a privacy breach.