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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110573
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My medical records were transferred, along with the research

Customer Question

My medical records were transferred, along with the research documents, of my psychiatrist, Dr. Murray Bowen, to the National Library of Medicine, without my knowledge or consent. I never was a part of any research project. He was a famous psychiatrist, and that is why they were transferred. I have been working on it ever since I found out about it, to no avail. Neither the family, who donated them, nor the library, nor the archives organization that is working for his papers has been of any help. Now I want to take legal action. A letter may do it, I don't know. It could be a class action suit since the library told me they have other clinical records of famous doctors in their possession.
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
They cannot have your records without your written agreement/consent, that would violate HIPAA unless all of your identifying information has been deleted from those records. Under HIPAA, there is no private right to sue, the only right you have is to file a complaint with the US Department of Health and Human Services for them to investigate, since under law they are the sole agency with enforcement authority under HIPAA. (See:

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