Southeast Texas Record

Tuesday, February 25, 2020

Nurse claims doctor violated HIPAA rights

By David Yates | Dec 21, 2010

Alleging violations of the Health Insurance Portability and Accountability Act, Rachel Kimar, a nurse at the Medical Center of Southeast Texas, has filed suit against Dr. Otto Miller.

The suit was filed Dec. 16 in Jefferson County District Court.

In her suit, Kimar alleges Dr. Miller, a thoracic surgeon at the Medical Center, "has engaged in a pattern of malicious activity against" her and another Medical Center doctor.

"Specifically, defendant has intentionally invaded plaintiff's privacy and willfully violated her HIPAA rights ... by reporting (the other) physician to the Texas Medical Board," the suit states.

HIPAA provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.

The suit does not state what Dr. Miller reported to the board, or how the act exposed Kimar's medical history.

Kimar alleges Dr. Miller was negligent in releasing her medical information and is suing him for punitive damages and her mental anguish.

She is represented by Beaumont attorney John Morgan.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A188-972

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