The Effects Of Clapper V. Amnesty International USA: An Improper Tightening Of The Requirement For Article III Standing In Medical Data Breach Litigation

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Wilka, Claire
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2016
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INTRODUCTION|Imagine a car accident victim requiring a blood transfusion, but the medical providers used the wrong blood type because a hacker previously impersonated the victim to use his medical identity to access free health care. The doctors treating the car accident victim followed the documentation on file, nonetheless, the victim sustained even more serious health problems following an incorrect transfusion. After it was too late, the car accident victim found out he was also a victim of medical identity theft and suffered its most dangerous consequence- altered medical records. A medical identify theft hacker may have also used the victim's health insurance to pay for hundreds of thousands of dollars' worth of surgeries, potentially making the victim's health and life insurance more expensive or unavailable. Medical identity theft occurs when a hacker- without a victim's knowledge or consent- misuses the victim's medical identity, such as records, health insurance, or personal information, to obtain medical care. ...
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Creighton University School of Law
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