Denver mass tort-hospital liability lawyer James Avery has been retained to investigate the breach of security and #HIPAA violations effecting a large number of #employees and #patients at #UCHealth Memorial Hospital Central in #ColoradoSprings. Contact James Avery for further information. Call now: 303-840-2222 or complete the contact form below.
HIPAA violations are expensive. The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision. Violations can also carry criminal charges that can result in jail time.
OCR only may take action on complaints if:
Your rights were violated by a covered entity or business associate
You file your complaint within 180 days of the violation
These statutory remedies, however, are not available to private citizens, whose sole remedy is under state law (using HIPAA regulations as a standard). State remedies must be pursued starting with a notice of claim within 182 days of the date of discovery.
Don’t delay, failure to meet the time deadlines can bar your claim. Talk to an experienced attorney today.
The 2019 Colorado Candor Act, C.R.S. 25-51-101, creates a mechanism for the possible resolution of medical malpractice claims which allows the physician or other provider (including service corporations and hospitals) to avoid reporting the claim to the Medical Board. Since the Medical Board is statutorily obligated to review all medical malpractice settlements for possible disciplinary action, the Act seeks to create a mechanism for resolving claims in a ‘risk free’ manner for physicians/providers.
There are some key components to the Candor Act that patients should be aware of. First, the decision to utilize or invoke the procedures of the Act are unilateral, in the sole discretion of the physician or provider, not in response to a demand or claim initiated by the patient. The patient will receive a written notice from the physician or provider, within 180 days of the date of the date they acquired knowledge of the ‘adverse incident’ or injury resulting occurrence.
If you receive a notice from a physician or provider, it will state that you have a right to have an attorney represent you. The benefits of an attorney are the same as if you were involved in a medical malpractice case. The experienced attorney will be able to ascertain the true value of your injury and advise you or the relative merits of accepting the provider’s offer (if one is conveyed during the process) versus pursuing other actions like complaints to the medical board or filing a claim or lawsuit.
Denver’s “America’s Top 100 High Stakes Litigator” James Avery has over 35 years representing patients in medical malpractice settlements and litigation, and can represent you in your Candor Act discussions or subsequent lawsuit, if necessary. If you or a loved one is facing the need to respond to a Candor Act notice, contact James Avery as soon as possible to know your rights and the value of your injury claim. Call 303-840-2222 now or complete the confidential contact form below.
February 1, 2020 – Announcing the selection of James W. Avery among America’s Top 100 High Stakes Litigators® for 2020. Previous selection includes 2019 (Inaugural year). Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.
To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.
Only the top 100 qualifying attorneys in each state will receive this honor and be selected for membership among America’s Top 100 High Stakes Litigators®. With these extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community.