I would like to sue my patient advocate at my hospital for false claims of harassment in county, Illinois, yes I have

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Hello,

Let me answer your last question first.  Illinois recording law stipulates that it is a two-party consent state. In Illinois, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. 720 Ill. Compiled Stat. 5/14-2 (a) (1).  That means that if you wish to record, ALL the parties have to consent if you are in a situation where there is a reasonable expectation of privacy.

As far as suing the patient advocate, they typically work for the hospital and while in theory you can file against the person, in reality that is likely to be seen as frivolous and would be dismissed.  It may be prudent to name her as a co-defendant as well as the whole hospital network or chain and argue 'respondiat superior' which is where the employer is responsible for the violations of their employees.

Sincerely,

Isaac, Esq.

Hello,

If it involves 'recording' them, they can claim that you are in violation of state law.  I believe that the advocate you are seeking to file against is simply the stepping stone to the network and the facility as a whole, as the advocate generally does what they are told and are not really able to make independent decisions.  You can try to show that this is a facility wide violation by adding her to suit but suing her personally is a waste of time.  You are free to disagree of course and pursue your own options but I am not seeing that as really all that viable.

Sincerely,

Isaac, Esq.

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Sincerely,

Isaac, Esq.

Hello,

Once and if the commission finds fault, yes.  That is because once a finding is made, you are issued a 'right to sue' letter which you can then take to attorneys who are more likely to represent you on contingency. But if you want to insure your chance you can retain counsel in advance, just in case.

Sincerely,

Isaac, Esq.

I am sorry but I cannot answer that for you, I do not know the facts of your situation and what your losses, if any, were.

You cannot sue for HIPAA, that has to be done through HHS and you have no personal ability to seek redress on that basis.  I would suggest you retain counsel locally to calculate your potential injuries.