Jeanmarie Devolites-Davis Blames Tech Tragedy on Trial Lawyers
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The Republicans in Virginia are disperately trying to hold onto their seats in the Virginia General Assembly. On September 18, Republican Senator Jeanmarie Devolites-Davis, was in a debate with Chap Peterson when this question was posted:
"In light of the tragedy at Virginia Tech, how will can we improve access to student records, particularly involving mental health?"
Her answer:
"the fear of lawsuits under the Federal law "HIPAA" caused the problem. Trial lawyers sue people under this law and, therefore, doctors are afraid to share information. These trial lawyers are "running the show."
Huh? She couldn't think of ONE better, more logical, sensible reason than trial lawyers caused the killer to go on his rampage?
Let's think about this:
HIPAA does not apply to school records. It applies to medical records.
There is no private right of action under HIPAA. You can't sue and recover money under HIPAA. Only the government can bring a claim.
Can she name one case in Virginia, or anywhere, for that matter, where a trial lawyer sued and recovered money under HIPAA?
What's the real reason she made up this statement? Her opponent, Chap Peterson, is a trial lawyer.
Plain and simple, another made up "fact" by a politician about trial lawyers.
It's a shame that she uses the tragedy at Virginia Tech for political purposes.