Assume that, after years of procedural obstacles, HIPAA is finally updated to include a clause providing the victims of those found criminally liable for releasing private medical information with a private right of civil action, to recover money from the perpetrators. Shortly after the amendment takes effect, Barbara enters the emergency room with several injuries sustained during a physical fight with a man named Ted, who she met on a dating app. The nurse assigned to her room is present during her physical examination performed by the doctor and takes notes regarding Barbara's extensive list of injuries, as well as how she acquired each
No, the action will be dismissed, because Ted has no right to privacy.
Yes, because the revised HIPAA gives Barbara a private right of civil action.
Yes, but only if the nurse is first found criminally liable for releasing Barbara's medical information.
No, the civil action will be dismissed, because the nurse had an ethical obligation to protect a potential victim from serious bodily harm.
