Healthcare Data Breaches Are Soaring in 2025: Why HIPAA Litigators Should Brace for Impact?

There is a good reason why medical data is supposed to be protected; it is your own personal and sensitive information that you do not want falling into the wrong hands. If it has, an experienced national data breach attorney at Federman & Sherwood can help you take legal action.

Although HIPAA is an important law that exists to protect you, the statute is more aimed at giving the government enforcement power. Still, the security lapses that are prohibited by HIPAA rules can form the basis for your lawsuit against the careless entity on other legal grounds. An experienced national data breach lawyer can review your case to determine potential legal theories that could help you recover financial compensation.

Schedule a free initial consultation with the team of lawyers at Federman & Sherwood by calling us at (800) 237-1277 to learn more about your legal rights. We can help you pursue a settlement or award that compensates you for the harm that you have suffered.

Healthcare Data Breaches Are Becoming More Prevalent

In 2024, there were numerous large scale health care data breaches that did considerable damage to consumers. In total, there were 734 healthcare data breaches that affected 500 medical records or more. An average of seven million healthcare records were breached each month in 2024. The result is that tens of millions of consumers have experienced potential harm, and numerous medical providers have opened themselves up to civil liability in a potential lawsuit. The problem has only gotten worse in 2025.

Sophisticated hackers know exactly which types of medical providers and systems to target. They know how to test weak spots and find systems that are more vulnerable. The result is that hackers strike where there is often the least amount of protection.

There is little wonder that data breach and HIPAA attorneys are busier than ever helping affected consumers seek financial compensation for the harm that has been done to them. For example, Lehigh Valley Health Network recently settled a large class action lawsuit for $65 million after it failed to protect consumer data in a large-scale breach.

HIPAA Protects Your Data But Is Not a Ground for a Lawsuit

HIPAA contains a strict privacy rule that protects your personal healthcare data. The law also contains a security rule that governs how providers are supposed to keep and store your information. Covered entities can face significant penalties in the event of a data breach that compromises your information if they are found to have violated HIPAA rules.

Note that HIPAA does not allow for a private cause of action against a medical provider who has failed to protect your information. HIPAA is a regulatory enforcement statute that allows the government to take action against the party that broke the law. Nonetheless, you have the legal ability to recover financial compensation under other laws when you have suffered harm from a data breach of your personal information.

How You Can Sue for a Medical Data Breach

Even though you cannot file a direct lawsuit under HIPAA, there are numerous legal theories that would allow you to sue the party responsible for failing to protect your personal data. Here are some potential legal causes of action in a medical data breach case:

• State privacy laws: Breach of healthcare data could be covered under an individual state’s privacy laws if they give you a cause of action to sue.
• Negligence: You could file a lawsuit under a common law theory of negligence when you can show that the entity tasked with protecting your data both owed you a duty of care and acted unreasonably under the circumstances.
• Breach of fiduciary duty: If the physician or medical provider contributed to the breach, you may be able to argue that they owed you a fiduciary duty to use reasonable care.
• Consumer protection laws: Individual states may have consumer protection laws that allow you to file a direct lawsuit against the party responsible for a medical data breach

If the medical provider is found to have violated HIPAA, it could help you in a civil case, even if you are filing the lawsuit under another legal theory. Whether a violation of HIPAA is direct evidence of negligence may depend on the case and the court. Some judges have allowed a finding of a HIPAA violation to support negligence in a civil case. If you are filing under a negligence theory, you must show that the defendant failed to live up to the duty of care that they owed you. Although a HIPAA violation may not be dispositive in your case, it could certainly be helpful.

Contact a National Data Breach Law Firm Today

If your personal information has been compromised due to the negligence of a healthcare provider, or any other entity that was supposed to protect it, reach out to a national data breach attorney at Federman & Sherwood. We have offices in Oklahoma and Texas, and we help clients nationwide. You can schedule a free initial consultation by filling out an online contact form or by calling us today at (800) 237-1277.