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It is a violation of HIPAA to submit false medical records and refuse to correct them. Under the law, HIPAA, there is no private cause of action for an individual though. The only recourse you have under HIPAA is to file a complaint with the US Department of Health and Hospitals as they are the sole agency with the power to investigate and punish under HIPAA. Thus, you must file your complaint with the DHH and you need to explain how the records are incorrect and provide them proof that you tried to get the doctor to correct the information and he failed to do so and this caused your inaccurate records to be transferred to your home doctor.
If you have suffered injury from this report and it has effected your treatment, then your cause of action legally would be to sue the doctor in the ER for malpractice and also for libel for writing known false information into your records and for refusing to correct them and then you can seek compensation for the harm his false information has caused you.
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